Decision 0357E – Calexico Unified School District

Step and column increases are within wages and within scope.

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.

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

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

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

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

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.

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.

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.

Step and column increases are within wages and within scope.

Step and column increases are within wages and within scope.

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

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

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