Decision 0347E – Modesto City Schools

S-CE-402

Decision Date: September 27, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14259

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Contract is ambiguous as to number of evaluations that might be performed, so past practice is examined to ascertain authority of employer.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Employers insistence on consecutive evaluation for teachers considered substandard is policy of generalized application and continuing effect.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Past practice evidence supports employer's contention that back-to- back evaluations for unsatisfactory performance is not unilateral change.

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

Employer's evaluation of teachers in successive years is consistent with past practice.

1000.00000 – SCOPE OF REPRESENTATION
1000.02045 – Evaluations

Teachers' evaluations are within scope of representation.