Decision 0372E – Kern Community College District

LA-CE-1297

Decision Date: December 29, 1983

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15016

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

Effect of layoff within scope of representation, and employer is obligated to negotiate those effects upon request.

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

Association's general demand to bargain effects of layoff insufficient to preserve rights. Failure to present proposals clarifying its position, after District invited it do, so constituted waiver; p. 11.

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 must negotiate over effects as soon as it decides to lay off, consistent with its duty to negotiate over the effects of a decision at a meaningful time; p. 11.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Employer must negotiate over effects as soon as it decides to lay off, consistent with its duty to negotiate over the effects of a decision at a meaningful time; p. 11.