Decision 0343E – South San Francisco USD

SF-CE-593

Decision Date: September 2, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14243

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Employer's refusal to bargain effects of layoff proposal offered by exclusive representative not unlawful where contract provision incorporates personnel rules on layoff.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Employer's refusal to bargain effects of layoff proposal offered by exclusive representative not unlawful where contract provision incorporates personnel rules on layoff.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Contract provisions incorporating personnel rules cover layoff procedures constitute waiver of right to negotiate effects of layoff.

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

Employer violates duty to bargain in good faith when refuses to bargain effects of layoff.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Backpay remedy modified where employer free to change hours at beginning of school year.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

Limitations on backpay ordered. Backpay remedy modified where employer free to change hours at beginning of school year.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Contract provisions incorporating personnel rules cover layoff procedures constitute waiver of right to negotiate effects of layoff.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

Employer unlawfully reduced hours of vacant positions belonging to the unit.