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 – Prior Notice and Opportunity to Bargain

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.

No items found

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.