Decision 0313E – Grossmont Union High School District
LA-CE-1264
Decision Date: May 26, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14162
Decision Headnotes
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
As the wording of the workload provision was sufficiently clear to establish a "clear and unmistakeable" objective meaning, the Association, by agreeing to these provisions, waived its right to negotiate over the change in the District's assignment of classes; p. 17. Exclusive representative may by contractual agreement, waive its right to negotiate a change, and the employer is thereby free to make that change; p. 11.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
As the wording of the workload provision was sufficiently clear to establish a "clear and unmistakeable" objective meaning, the Association, by agreeing to these provisions, waived its right to negotiate over the change in the District's assignment of classes; p. 17. Exclusive representative may, by contractual agreement, waive its right to negotiate a change, and the employer is thereby free to make that change; p. 11.
1402.01000 – In General
A waiver, to be effective, must be clearly and unequivocably conveyed; p. 11.