Decision 0554Ea – Morgan Hill Unified School District

SF-CE-844

Decision Date: March 20, 1986

Decision Type: PERB Decision

Perc Vol: 10
Perc Index: 17071

Decision Headnotes

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

No waiver by failing to request bargaining after a firm decision has already been made.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.04000 – Agents (See also 1400)

Acquiescence not imputed from actions of union official where it was clear he was not acting in official capicity.

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 or ambiguous, the policy may be ascertained by examining past practice or bargaining history.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Mere restatement of argument previously considered and rejected is improper grounds for reconsideration. Proper ground - is new law available at time of original appeal. While all Board members are free to join any case, there is no right to have the full Board consider a request for reconsideration.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.03000 – Union Responsibility

Acquiescence not imputed from actions of union official where it was clear he was not acting in official capacity.

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

No waiver by failing to request bargaining after a firm decision has already been made.