Decision 0307E – Delano Joint Union High School District

LA-CE-1139

Decision Date: May 5, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14146

Decision Headnotes

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

As Association failed in its communications to indicate that it wished to meet and discuss the District's contemplated layoffs, the Association waived its right to bargain; p. 8. Association waives its right to bargain where it merely protests an employer's contemplated unilateral actions, but makes no meaningful attempt to request negotiations; p. 8.

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

As Association failed in its communications to indicate that it wished to meet and discuss the District's contemplated layoffs, the Association waived its right to bargain; p. 8. Association waives its right to bargain where it merely protests an employer's contemplated unilateral actions, but makes no meaningful attempt to request negotiations; p. 8.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

Request to negotiate need not be specific or in any particular form. Instead its important for the chargnig party to have signified some desire to negotiate. Citing Newman-Crows Landing PERB Dec. No. 223; p. 6.