Decision 0321E – Palo Verde Unified School District
LA-CE-1306
Decision Date: June 20, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14182
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's conditioned concession where condition not met is not waiver. Union representatives concession based upon total agreement, where not concluded before change, not waiver.
608.12000 – Good Faith; DeMinimus; Temporary Change
Employer's change from Blue Cross to Blue Shield not de minimus - far reaching improvements, not ony levels of benefits but integrity of carrier is important to employee organization.
1000.02055 – Fringe Benefit Contributions
Health benefits within scope of representation.
1000.02059 – Health Plans
Health plan carrier and benefits within scope of representation.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's conditioned concession where condition not met is not waiver. Union representatives concession based upon total agreement, where not concluded before change, not waiver.
1402.04000 – By Acquiescence/Conduct
Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's concession conditioned where condition is not met is not waiver. Union representative's concession based upon total agreement, where not concluded before change, not waiver.