Decision 0291E – Modesto City Schools

S-CO-48; CE-318, et al.

Decision Date: March 8, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14090

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

District's implementation of policies not comprehended within its last best offer constitutes a violation; p. 48.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
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.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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).

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining

Conditioning agreement on abandonment of Association's representation at informal level of grievance procedure violates duty to bargain in good faith; p. 30.

1000.00000 – SCOPE OF REPRESENTATION
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.