Decision 0486E – San Mateo County Community College District

SF-CE-804

Decision Date: February 13, 1985

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16084

Decision Headnotes

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

ALJ properly looked to bargaining history where contract is not clear and unambiguous.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.