Decision 0300E – Arvin Union School District

LA-CE-1294

Decision Date: March 30, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14119

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

District's posting of Board agenda at various school locations does not constitute effective notice to the exclusive representative of proposed changes in scope matters; p. 10.

1000.00000 – SCOPE OF REPRESENTATION
1000.02030 – Disciplinary Procedures

Under Anaheim, Board held that District's procedure for certificated employee discipline short of dismissal is within the scope of negotiations; pp. 4-7.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Because association did not have a reasonable opportunity to negotiate prior to the adoption of the policy, Association's failure to protest the adoption of the disciplinary procedures does not constitute a waiver; p. 11.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

Because association did not have a reasonable opportunity to negotiate prior to the adoption of the policy, Association's failure to protest the adoption of the disciplinary procedures does not constitute a waiver; p. 11.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

Board denies request for oral argument where full and fair hearing has been conducted and parties had an extensive opportunity to present briefs in support of their arguments; p. 12.