Decision 0337E – Kern Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
LA-CE-1300
Decision Date: August 19, 1983
Decision Type: PERB Decision
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Perc Vol: 7
Perc Index: 14229
Decision Headnotes
605.01000 – Outright Refusal to Bargain
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer's refusal to negotiate the effects of layoff constitutes a violation of Act; p. 13.
608.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Seniority governed by Education Code 87743.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Nature of specific demand to negotiate discussed. (Does not require specific proposal from exclusive representative.)
601.03000 – Decision vs Effects Bargaining
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Decision to lay off employees is outside of scope of representation.
602.02000 – Prior Notice and Opportunity to Bargain
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer must give notice and opportunity to bargain effects of lay off; p. 13.
602.06000 – Change in Past Practice
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
No evidence of past practice to justify employer's refusal to bargain effects of layoff; p. 13.
1000.02040 – Elimination of Positions
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Refusal to bargain effects of layoff not rendered moot by parties negotiations on reopener provisions.
1201.01000 – In General
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Subsequent signing of an agreement does not moot a subsection 3542.5(c) charge; p. 3.
1205.07000 – Restoration of Status Quo
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
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
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Contract language examined and found not to absolve obligation to negotiate effects of lay off.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Contract language examined and found not to absolve obligation to negotiate effects of layoff.
1202.01000 – In General
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
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.
1406.00000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.