Decision 0252E – Los Angeles Community College District
LA-CE-1091
Decision Date: October 18, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13241
Decision Headnotes
202.04000 – Agents (See also 1400)
Employees are not agents of union absent a showing that they had actual or apparent authority to act for the union, or were informants for the union; p. 18.
1202.02000 – Agreement Between. the Parties
Reinstatement of employees to shifts which were unlawfully unilateral- ly changed by employer is inappropriate, where parties have since entered into agreement containing a provision granting the employer the right to eliminate shifts; p. 21.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union's waiver must be demonstrated by either "clear and unmistakable" language, or demonstrative behavior waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer; absent employer notice union couldn't have intentionally relinquished its interest in the matter by inaction; pp. 9-10. Waiver must be an intentional relinquishment of the union's rights; p. 10. Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 10. Purpose of zipper clause is to foreclose further requests to bargain negotiable matters during the life of a contract; it does not cede to the employer the right to make unilateral changes in the status quo; p. 11. The fact that union drops a contract proposal during the course of p. 11. The fact that union drops a contract proposal during the course of Union does not waive its right to negotiate by failing to request negotiations where it had no notice of the intended change before the decision had been firmly made; pp. 16-17.
1000.02131 – Shift Assignments
Shift assignments within scope of representation.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Section 88183 requiring district to make shift assignments on the basis of seniority does not prevent reinstatement of employees to restore status quo.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Shift differentials to be paid on basis of seniority.
1400.03000 – Union Responsibility
Employees are not agents of union absent a showing that they had actual or apparent authority to act for the union, or were informants for the union; p. 18.
1402.01000 – In General
Union's waiver must be demonstrated by either "clear and unmistakable" language, or demonstrative behavior waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer; absent employer notice, union couldn't have intentionally relinquished its interest in the matter by inaction; pp. 9-10. Waiver must be an intentional relinquishment of the union's rights; p. 10.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 10. Purpose of zipper clause is to foreclose further requests to bargain negotiable matters during the life of a contract; it does not cede to the employer the right to make unilateral changes in the status quo; p. 11. Union does not waive its right to negotiate by failing to request negotiations where it had no notice of the intended change before the decision had been firmly made; pp. 16-17.
1402.05000 – By Delaying or Failing to Request Negotiations
Union does not waive its right to negotiate by failing to request negotiations where it had no notice of the intended change before the decision had been firmly made; pp. 16-17.