Decision 0236E – Oakland Unified School District
SF-CE-400
Decision Date: August 31, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13201
Decision Headnotes
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Emergency Exception
608.03000 – Business Necessity; Emergency Exception
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
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
1000.02027 – Deferral of Fringe Benefit Payments
Employer's decision to defer its contribution to employee tax sheltered annuity is negotiable.