Decision 0556E – Stanislaus County Department of Education

S-CE-742

Decision Date: December 31, 1985

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17039

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Negotiations over ending operation of migrant child education program would significantly abridge managerial prerogatives.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

Cessation of direct operation of migrant child education program a managerial prerogative and continuation of role as administrator did not constitute contracting out.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

Employer did bargain effects or was willing to do so; in any event, union waived right to negotiate effects by insisting on bargaining decision and ignoring effects proposals from employer.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

Cessation of direct operation of migrant child education program a managerial prerogative and continuation of role as administrator did not constitute contracting out.

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

Union waived right to bargain effects due by its insistence on bargaining the decision and by ignoring the employer's proposals on effects; waiver must be clear and unmistakable and will not be lightly inferred; no waiver where union made oral requests and parties actually bargained.

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

Whether demand is adequate is a question of fact to be determined on case-by-case basis; the request need not be specific or made in a particular form; determinative factor is whether desire to bargain is made known.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

Waiver must be clear and unmistakable and will not be lightly inferred.

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

Union waived right to bargain effects due by its insistence on bargaining the decision and by ignoring the employer's proposals on effects; no waiver where union made oral requests and parties actually bargained.