Decision 0373Eb – Mt. Diablo USD

SF-CE-452, 455

Decision Date: August 15, 1984

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 8
Perc Index: 15142

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Mere restatement of legal argument considered and rejected by Board is not an "extraordinary circumstance" which justifies granting reconsideration of Board decision; p. 3. Board granted reconsideration to consider unalleged violations involving conduct which occurred after the charge was filed; p. 16.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Where unalleged violations were intimately related to subject matter of complaint, were fully litigated and parties had opportunity to cross-examine witnesses, the Board properly considered issues, even though based on conduct occuring after issuance of complaint; p. 11.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.16000 – Failure to Seek Clarification of Proposal

Board's determination that certain proposals were nonnegotiable was based on clear language and there is no need to order party to seek clarification of those nonnegotiable proposals; p. 7.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Despite the fact that no exceptions were filed, Board found it necessary to review certain findings sua sponte in order to avoid a serious mistake of law; p. 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

Board denied request for oral argument as record was fully adequate to apprise Board of the issues before it; p. 27.

1000.00000 – SCOPE OF REPRESENTATION
1000.02025 – Counseling (For Employees)

As counselor caseload negotiable, employer violated its duty to negotiate in good faith when it unilaterally increased the caseload of counselors; p. 24.

1000.00000 – SCOPE OF REPRESENTATION
1000.02017 – Case Load

As counselor caseload negotiable, employer violated its duty to negotiate in good faith when it unilaterally increased the caseload of counselors; p. 24.

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

As counselor caseload negotiable, employer violated its duty to negotiate in good faith when it unilaterally increased the caseload of counselors; p. 24. Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19.

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

As counselor caseload negotiable, employer violated its duty to negotiate in good faith when it unilaterally increased the caseload of counselors; p. 24. Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19.

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

Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19.