Decision 0488E – Pleasant Valley School District

LA-CE-1706

Decision Date: February 27, 1985

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16093

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32170(j) - 32212 - ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not file reply briefs.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

Union's actions with regard to earlier reductions in hours no waiver as to later reductions not yet contemplated; no waiver where union's actions, when viewed in context, constitute adequate demand to bargain; no waiver from failure to request bargaining where firm decision already made.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.01000 – In General; Conduct of Hearing

ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not to file reply briefs.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

Decision to reduce hours negotiable; unilateral reduction not excused by business necessity or waiver.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Union's action with regard to earlier reduction in hours no waiver as to later reductions not yet comtemplated; no waiver where union's actions, when viewed in context, constitute adequate demand to bargain; no waive from failure to request bargaining where firm decision already made.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Fiscal hardship and program comparability requirements do not excuse unilateral reduction in instructional aide hours; ignorance of own operations no excuse for unilateral action, even if it were, there was sufficient time to bargain.

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

Unilateral reduction in instructional aide hours not excused by business necessity or waiver.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

When viewed in context, union's actions viewed as adequate demand to bargain; no obligation to demand bargaining when firm decision already made.