Decision 0595E – Placentia Unified School District

LA-CE-1602

Decision Date: November 4, 1986

Decision Type: PERB Decision

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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

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

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

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

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

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

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

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.