Decision 0318Ea – Pittsburg Unified School District
SF-CE-235
Decision Date: April 2, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15067
Decision Headnotes
100.03000 – Purpose of the Act
Where remedy will not effectuate purposes of act, reconsideration is justified.
101.01000 – In General
Personnel action held valid under Education Code by court is not dispositive of EERA question as to whether such action maybe taken unilaterally.
1107.10000 – Request for Reconsideration
Request for reconsideration granted where after order, parties reached agreement or negotiate through completion of statutory impasse procedures concerning the subject matter of respondent's unlawful unilateral change. Business necessity argument which was asserted or should have been asserted at the hearing does not constitute "extraordinary circumstances" justifying grant of reconsideration. Livermore Valley Jt.USD (1981) PERB Order JR-9. Rio Hondo CCD (1983) PERB Dec. No. 279a. South Bay Union SD (1982) PERB Dec. No. 207a. Request based on PERB delay is denied. To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3.
1202.01000 – In General
Delay in PERB procedures does not justify denying employees a remedy.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3.
1105.09000 – Opinion Evidence and Expert Testimony
Purpose of requesting reconsideration on ground of "newly discovered evidence" is to permit Board to have access to evidence unavailable at time of hearing which could effect the underlying determination that the respondent acted unlawfully.
1503.02000 – Regulations Considered (By Number)
Regulation 32410.(a)2. - grounds for reconsideration discussed.
1202.02000 – Agreement Between. the Parties
To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3.