Decision 0556E – Stanislaus County Department of Education
S-CE-742
Decision Date: December 31, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17039
Decision Headnotes
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Negotiations over ending operation of migrant child education program would significantly abridge managerial prerogatives.
1000.02026 – 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.
601.03000 – 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.
608.06000 – 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.
608.07000 – 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.
602.02000 – 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.
1402.01000 – In General
Waiver must be clear and unmistakable and will not be lightly inferred.
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.