Decision 0337E – Kern Community College District
LA-CE-1300
Decision Date: August 19, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14229
Decision Headnotes
605.01000 – Outright Refusal to Bargain
Employer's refusal to negotiate the effects of layoff constitutes a violation of Act; p. 13.
608.01000 – In General
Nature of specific demand to negotiate discussed. (Does not require specific proposal from exclusive representative.)
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Seniority governed by Education Code 87743.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Reduction of services or positions. Absent additional evidence, Board will not find that employer's distribution of mandate layoff notices pursuant to Ed. Code 87743 constitutes a refusal to negotiate.
602.01000 – In General
Nature of specific demand to negotiate discussed. (Does not require specific proposal from exclusive representative.)
601.03000 – Decision vs Effects Bargaining
Decision to lay off employees is outside of scope of representation.
602.02000 – Prior Notice and Opportunity to Bargain
Employer must give notice and opportunity to bargain effects of lay off; p. 13.
602.06000 – Change in Past Practice
No evidence of past practice to justify employer's refusal to bargain effects of layoff; p. 13.
1000.02040 – Elimination of Positions
Board's adoption of resolution eliminating services not unlawful per se. Nor is decision to lay off eight persons.
1000.02076 – Lay-Offs
Board's adoption of resolution eliminating services not unlawful per se. Nor is decision to lay off eight persons. Method of layoff identification and notice given is non-negotiable; p. 12. Distribution of layoff notices is not refusal to negotiate; p. 12.
1000.02128 – Seniority
Seniority governed by Education Code 87743. Absent additional evidence, employer's distribution of mandated layoff notice does not constitute refusal to negotiate.
1200.02000 – Cessation of Unfair Practices; Mootness; Isolated Practices
Refusal to bargain effects of layoff not rendered moot by parties negotiations on reopener provisions.
1201.01000 – In General
Full restoration of the status quo inappropriate where unilateral act was layoff and employer has right to make decision to layoff but failed to negotiate effects of such decision.
1202.02000 – Agreement Between. the Parties
Subsequent signing of an agreement does not moot a subsection 3542.5(c) charge; p. 3.
1205.07000 – Restoration of Status Quo
Full restoration of the status quo inappropriate where unilateral act was lay off and employer has right to make decision to lay off but failed to negotiate effects of such decision.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contract language examined and found not to absolve obligation to negotiate effects of lay off.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract language examined and found not to absolve obligation to negotiate effects of layoff.
1202.01000 – In General
Full restoration of the status quo inappropriate where unilateral act was lay off and employer has right to make decision to lay off but failed to negotiate effects of such decision.
1406.01000 – In General
Refusal to bargain effects of layoff not rendered moot by parties' negotiations on reopener provisions.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Education Code 87743 covers seniority and layoff notice. Absent additional evidence, Board will not find that employer's distribution of mandated layoff notices constitutes a refusal to negotiate.