Decision 0354E – Palo Verde Unified School District
LA-CE-1527
Decision Date: October 28, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14281
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
602.01000 – In General
Employer's unilateral switch of "catch up day" from Monday to Friday is not unilateral change of term or condition of employment where no change to employee's hours or work conditions.
1000.00000 – SCOPE OF REPRESENTATION
1000.02062 – Holidays
1000.02062 – Holidays
Holiday's are within scope of representation.
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Parties contract provided for specified holidays, is clear and unambiguous, and legislative enactment of student holiday did not remove employer's right to refuse to negotiate additional holiday.
1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Parties contract provided for specified holidays, is clear and unambiguous, and legislative enactment of student holiday did not remove employer's right to refuse to negotiate additional holiday.