Decision 0471E – Gilroy USD

SF-CE-608

Decision Date: December 28, 1984

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16042

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.10000 – Released Time

District unlawfully interfered with employee rights when it refused to consider released time; p. 16.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining

Board held that while coordinated bargaining is a mandatory subject requiring good faith, coalition bargaining is not; pp. 7-8. Burden of proof on employer to show that it had an adequate basis for concluding that the union was attempting to engage in merged/coalition bargaining; p. 10. EERA does not prohibit "mixed" negotiating committee of classified and certificated employers; pp. 12-14.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Violation for District to refuse to negotiate paid release time for members of "mixed" negotiating team (both classified & certificated members) where no evidence of coalition/merged bargaining; pp. 14-16.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.09000 – Release Time

Violation for District to refuse to negotiate paid release time for members of "mixed" negotiating team (both classified & certificated members) where no evidence of coalition/merged bargaining; pp. 14-16.

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

Board held that while coordinated bargaining is a mandatory subject requiring good faith, coalition bargaining is not.