Decision 0595E – Placentia Unified School District * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * *

LA-CE-1602

Decision Date: November 4, 1986

Decision Type: PERB Decision

* * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * *

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Perc Vol: 10
Perc Index: 17181

Decision Headnotes

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

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

No waiver from failure to assert right to bargain on an earlier occasion.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

No waiver by abandoning effort to codify in contract existing statutory rights. Evidence insufficient to show parties intended contract provision to cover reductions, therefore no waiver.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *

Transmarine remedy: limited back pay award ordered to approximate bargaining position had there been no violation.

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Duty to bargain effects remained despite contractual provision providing for layoffs.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.01000 – In General; Filing Requirements

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

No waiver from failure to assert right to bargain on an earlier occasion; no waiver by abandoning effort to codify in contract existing statutory rights. Evidence insufficient to show parties intended contract layoff provision to cover reductions, therefore no waiver.

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

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

No waiver from failure to assert right to bargain on an earlier occasion; no waiver by abandoning effort to codify in contract existing statutory rights; evidence insufficient to show parties intended contract layoff provision to cover reductions, therefore no waiver.