Decision 0486E – San Mateo County Community College District
SF-CE-804
Decision Date: February 13, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16084
Decision Headnotes
1404.03000 – General Principles of Contract Interpretation
ALJ properly looked to bargaining history where contract is not clear and unambiguous.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
No waiver where contract silent and evidence insufficient to demonstrate waiver based on conduct in negotiations; failed attempt to codify status quo in contract does not constitute waiver of right to negotiate any proposed change in the status quo; contract did not cede to employer the right to take unilateral action.
1000.02132 – Sick Leave
Where contract silent on sick leave for summer session employees and no evidence of waiver, employer cannot change existing policy without providing opportunity to negotiate.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No waiver where contract silent and evidence insufficient to demonstrate waiver based on conduct in negotiations; failed attempt to codify status quo in contract does not constitute waiver of right to negotiate any proposed change in the status quo; contract did not cede to employer the right to take unilateral action.
602.06000 – Change in Past Practice
Where contract silent on sick leave for summer session employees and no evidence of waiver, employer cannot change existing policy without providing opportunity to negotiate.