Decision 0373Eb – Mt. Diablo Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
SF-CE-452, 455
Decision Date: August 15, 1984
Decision Type: PERB Decision
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Perc Vol: 8
Perc Index: 15142
Decision Headnotes
1107.10000 – Request for Reconsideration
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
1107.04000 – Unalleged Violations
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
606.16000 – Failure to Seek Clarification of Proposal
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
1107.18000 – Review of Findings Not Excepted To
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
1107.11000 – Request for Oral Argument
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Board denied request for oral argument as record was fully adequate to apprise Board of the issues before it; p. 27.
1000.02025 – Counseling (For Employees)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
As counselor caseload negotiable, employer violated its duty to negotiate in good faith when it unilaterally increased the caseload of counselors; p. 24.
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.
602.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
602.05000 – Impact and Extent
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
1205.07000 – Restoration of Status Quo
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.
1203.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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.