Decision 0292E – Rio Hondo Community College District * * * OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 * * *
LA-CE-1158 and LA-CO-141
Decision Date: March 8, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14091
Decision Headnotes
401.04000 – Access – Union Right
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.
401.11000 – Dues Deductions/Check Off/Agency Fee
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.
409.01000 – Business Necessity
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
As District could have achieved same result by enforcing its existing policy, change in leave policy cannot be found to be reasonably necessary to avert a serious threat of interruption of educational services and is not justified by business necessity; p. 18.
301.01000 – In General
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
District has right to prepare for a strike by taking prudent measures including: hiring substitutes to replace strikers and suspending employment policy which interfered with such hiring; hiring security guards; authorizing appropriate legal action; and refusing to pay strikers for time not worked, including fringe benefits; pp. 10-11.
608.09000 – Strikes or Other Concerted Activity by Union
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
District has right to prepare for a strike by taking prudent measures including: hiring substitutes to replace strikers and suspending employment policy which interfered with such hiring; hiring security guards; authorizing appropriate legal action; and refusing to pay strikers for time not worked, including fringe benefits; pp. 10-11.
802.01000 – In General
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.”***
As Association did not charge that District engaged in bad faith or surface bargaining at the table and no evidence supports a finding of causal connection between unfair practice charges and strike, Board found that one-day strike was not provoked by District's unlawful conduct; p. 29.
301.04000 – Unfair Practice
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.”***
As Association did not charge that District engaged in bad faith or surface bargaining at the table and no evidence supports a finding of causal connection between unfair practice charges and strike, Board found that one-day strike was not provoked by District's unlawful conduct; p. 29.
301.02000 – Pre-Impasse
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.”***
One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30.
804.03000 – Strike as Unlawful Pressure Tactic
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.” ***
One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30.
405.01000 – In General
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906.***
Because a threat to punitively suspend statutory rights tends to undermine the status of an exclusive representative and has chilling effect on employee activity, the threat to suspend such rights in an emergency resolution constitutes a violation of EERA; pp. 13-14.
405.02000 – Express or Implied Threats
***OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906. ***
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.
405.03000 – Promise of or Withholding of Benefits
*** OVERRULED IN PART on other grounds by Oakland Unified School District (2024) PERB Decision No. 2906. ***
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.