Decision 0625E – Fountain Valley Elementary School District

LA-CE-2040

Decision Date: June 23, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18115

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

No business necessity shown in implementing nonmandatory provisions of SB 813.

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

Refusal to negotiate not waiver in absence of duty to negotiate; nonmandatory legislation does not alter waiver of right to negotiate matters set by contract.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.08000 – Offer of Proof

ALJ properly refused testimony other than by offer of proof where matter determined to be irrelevant.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.18000 – Relevance

ALJ properly found evidence of attempts to bargain irrelevant where other party had no duty to bargain.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Instructional minutes (SB 813). Nonmandatory provision does not provide business necessity defense.

1000.00000 – SCOPE OF REPRESENTATION
1000.02068 – Instructional Time

Unlawful unilateral change in response to SB 813.

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

Providing notice and opportunity to bargain does not create duty to renegotiate contractual term not subject to reopeners.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Contract repudiation not excused by providing notice and opportunity to bargain.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.13000 – Administrative and Judicial Notice

Board takes official notice of subsequent contract in determining proper remedy.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

Matter to go to compliance if parties cannot agree to compensation formula within 60 days.

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

Monetary compensation and/or time-off to be agreed to by parties; compensation for increase in instructional minutes and consequent preparation time.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.02000 – Agreement Between. the Parties

Back pay limited to effective date of subsequent contract establishing new status quo.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

No return to status quo where subsequent contract set new status quo and where Ed. code imposes penalty on districts lowering instructional minutes below SB 813 levels.

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

Refusal to negotiate not waiver in absence of duty to negotiate; nonmandatory legislation does not alter waiver of right to negotiate matters set by contract.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

46201(c) Nonmandatory provision does not provide business necessity defense.