Decision 0554E – Morgan Hill Unified School District
SF-CE-844
Decision Date: December 27, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17032
Decision Headnotes
1402.07000 – Failure to Timely Raise Affirmative Defense
Waiver is an affirmative defense which is itself waived if not timely raised.
202.04000 – Agents (See also 1400)
Acquiescence not imputed from actions of union official where it was clear he was not acting in official capacity.
602.06000 – Change in Past Practice
Where contract silent, it is appropriate to look to bargaining history or past practice; where a matter was covered by a previous contract and the new contract is silent, an inference is raised that the policy embodied in the old contract continues to be the existing practice.
608.05000 – Past Practice; Maintenance of Status Quo
Evidence limited to very actions in dispute does not establish a past practice.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No waiver by agreement of union official where official not acting with actual or apparent authority; waiver is an affirmative defense which is itself waived if not timely raised.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
Self-serving and confused testimony not credited.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will not consider sua sponte a potential affirmative defense which was not raised by the respondent nor addressed by the ALJ; the Board will raise an issue sua sponte only if necessary to correct a serious mistake of law.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's finding that testimony too self-serving and confused to be credible and record provides no reason to disturb that finding.
1205.07000 – Restoration of Status Quo
Restoration of status quo delayed until end of school year, due to potential disruption.
1400.03000 – Union Responsibility
Acquiescence not imputed from actions of union official where it was clear he was not acting in official capacity.
1402.01000 – In General
No waiver by agreement of union official where official not acting with actual or apparent authority.