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.
602.04000 – Change in or Deviation from Unwritten 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.