Decision 0357E – Calexico Unified School District

LA-CE-1630

Decision Date: November 22, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14291

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02127 – Schedules

Step and column increases are within wages and within scope.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.06000 – Hearsay

Uncorroborated hearsay not used as evidence. Employer's agents testimony that he was told by an unnamed person that union member picked up a copy of board agenda is hearsay.

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 unilateral imposition of freeze on step and column increases violation of duty to bargain.

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

Employer's unilateral freeze of step and column increase independently a violation even though also contract repudiation.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

Provisions in contract subject to reopeners must be observed during reopener negotiations.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.02000 – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct

Union's rejection of settlement proposal accepted by another unit not relevant to employer's unilateral freeze of step and column increases.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Employer must, to establish business necessity defense, to unilateral action on salaries, show actual financial emergency which leaves no real alternative to the action taken and allows no time for meaningful negotiations before taking action.

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

No waiver of right to negotiate where notice of action inadequate to put union on notice of specific action to be taken. No effective notice of action where union representative picked up school agenda a few days before board adoption of unilateral order. Notice of change of position not notice of unilateral action.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.12000 – Good Faith; DeMinimus; Temporary Change

Good faith of employer, and/or willingness to continue negotiations is no defense to unilateral change. Tentative adoption of unilateral change, subject to subsequent negotiations no defense to unilateral change.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Step and column increases are within wages and within scope.

1000.00000 – SCOPE OF REPRESENTATION
1000.02126 – Salary Placement

Step and column increases are within wages and within scope.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

Employer ordered to rescind freeze order and retroactively restore step and column salary increase.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.09000 – Retroactivity

Employer ordered to rescind freeze order and retroactively restore step and column salary increase.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32176 - heresay not in itself sufficient to support a finding.