Decision 0236E – Oakland Unified School District

SF-CE-400

Decision Date: August 31, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13201

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Employer cannot defend charge of unilateral change on the basis that it is faced with an economic crisis of unknown dimensions where the facts do not reveal an acute time frame in which it must act; p. 14.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Waiver of bargaining rights by a union will not be lightly inferred; it must be clearly conveyed, or demonstrated by behavior waiving a reasonable opportunity to bargain a decision not firmly made; p. 15. Silence by union does not constitute a union's waiver.

1000.00000 – SCOPE OF REPRESENTATION
1000.02027 – Deferral of Fringe Benefit Payments

Employer's decision to defer its contribution to employee tax sheltered annuity is negotiable.