Decision 0291E – Modesto City Schools
S-CO-48; CE-318, et al.
Decision Date: March 8, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14090
Decision Headnotes
602.01000 – In General
District's implementation of policies not comprehended within its last best offer constitutes a violation; p. 48.
301.04000 – Unfair Practice
As the strike engaged in the Association was provoked by the District and the Association had participated in the collective bargaining process in good faith, Board held that strike by the Association was not in violation of EERA but was protected conduct; p. 65.
301.07000 – Refusal to Perform Duties
Refusal to participate in required duties is not protected organizational activity; p. 19. While refusal to perform a purely voluntary activity is protected conduct; p. 15. Board will find violation even where assigned duty is discretionary if refusal to perform is for reasons other than professional judgement, i.e., as a pressure tactic during course of negotiation; p. 14. Refusal to (1) participate in evaluation procedure; p. 18; (2) turn in keys; p. 20; (3) prepare lesson plans; p. 21; and (4) attend faculty meetings; p. 22; is not protected activity.
503.01000 – In General
Employer does not violate the Act by disciplining employees for participation in unprotected conduct unless discipline is motivated by anti-union animus; p. 15.
900.05000 – Post-Impasse
Once impasse procedures have been concluded, PERB has no authority to recertify impasse or reinvoke impasse procedures, nor is any purpose likely to be served by the reimposition of procedures which have already failed; p. 38. District's implementation of policies not comprehended within its last best offer is a violation; p. 48. District's failure to consider the factfinder's report or the Association's post-factfinding concessions constitutes refusal to bargain in good faith in violation of 3543.5(a), (b) and (c). Additionally, District's failure to consider the factfinder's report also constitutes refusal to participate in good faith in impasse procedures in violation of 3543.5(d).
606.02000 – Inflexible Position
Inflexible refusal to grant released time is a refusal to bargain and denial of rights guaranteed to the employee organization; p. 45.
1000.02117 – Released Time
Inflexible refusal to grant released time is a refusal to bargain and denial of rights guaranteed to the employee organization; p. 45.
300.04000 – Individual/Concerted/Activities/Self-Representation
Refusal to participate in required duties is not protected organizational activity; p. 19. While refusal to perform a purely voluntary activity is protected conduct; p. 15. Board will find violation even where assigned duty is discretionary if refusal to perform is for reasons other than professional judgement, i.e., as a pressure tactic during course of negotiation; p. 14. Refusal to (1) participate in evaluation procedure; p. 18; (2) turn in keys; p. 20; (3) prepare lesson plans; p. 21; and (4) attend faculty meetings; p. 22; is not protected activity.
300.17000 – Other
Refusal to participate in required duties is not protected organizational activity; p. 19. While refusal to perform a purely voluntary activity is protected conduct; p. 15. Board will find violation even where assigned duty is discretionary if refusal to perform is for reasons other than professional judgement, i.e., as a pressure tactic during course of negotiation; p. 14. Refusal to (1) participate in evaluation procedure; p. 18; (2) turn in keys; p. 20; (3) prepare lesson plans; p. 21; and (4) attend faculty meetings; p. 22; is not protected activity.
505.13000 – Other
Employer does not violate the Act by disciplining employees for participation in unprotected conduct unless discipline is motivated by anti-union animus; p. 15.
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
District's implementation of policies not comprehended within its last best offer constitutes a violation; p. 48.
1107.04000 – Unalleged Violations
Unalleged violations will be examined where they are intimately related to the subject matter of the complaint, where the issues have been fully litigated and where the parties have had a chance to examine and cross-examine witnesses; pp. 23-24.
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining
Conditioning agreement on abandonment of Association's representation at informal level of grievance procedure violates duty to bargain in good faith; p. 30.
1000.02107 – Preparation Time
Preparation periods are within scope of representation. San Mateo City School District (1980) PERB Decision No. 129. Unilateral elimination of preparation periods is a violation when evidence introduced by charging party demonstrates an actual increase in workload (i.e. working hours extended); p. 13.