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Decision 0325E – Long Beach Unified School District

LA-CE-1634

Decision Date: July 8, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14193

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Salaries are negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02146 – Transfer of Employee(s)

Transfers are negotiable.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Board has duty to harmonize Education Code and EERA.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.