Decision 0325E – Long Beach Unified School District
LA-CE-1634
Decision Date: July 8, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14193
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Failure to request negotiations on impact of managerial decision is fatal to a later charge. Page 4 citing Newman Crows Landing.
1000.02125 – Salaries or Wages
Salaries are negotiable.
1000.02146 – Transfer of Employee(s)
Transfers are negotiable.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Education Code section may cite references to wages and transfers - but PERB does not enforce Education Code. Board declined to determine whether Education Code provisions preempt District's obligation to negotiate; p. 3, fn. 5.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB is obligated to harmonize but not enforce Education Code provisions.
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Employer who did not initiate transfers--obligated to bargain on demand--but not obligated to give notice to employee organization; p. 4. Charge against receiving District - not transferring employer changes the obligation of employee organization. Employee organization has initial burden of demanding to negotiate on behalf of new employees; p. 4.
602.02000 – Adequate Prior Notice and Opportunity to Bargain
When county superintendent of schools transferred employees to a school district, receiving district was obligated to bargain on demand over terms and conditions of employment for transferred employees, but was not responsible for providing notice and an opportunity to bargain over the transfer; p. 4.
1500.01000 – In General
Education Code section may cite references to wages and transfers - but PERB does not enforce Education Code. Board declined to determine whether Education Code provisions preempt District's obligation to negotiate; p. 3, fn. 5.
1402.05000 – By Delaying or Failing to Request Negotiations
Failure to request negotiations on impact of managerial decision is fatal to a later charge. Page 5 citing Newman Crows Landing.
1407.01000 – General Principles
Board has duty to harmonize Education Code and EERA.
1500.02000 – Education Code Sections Considered by PERB (By Number)
While Education sections 44903.7 and 45028 contain references to wages and trasfer policy, PERB is not empowered to enforce Ed. Code.