Decision 0625E – Fountain Valley Elementary School District
LA-CE-2040
Decision Date: June 23, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18115
Decision Headnotes
608.03000 – Business Necessity; Emergency Exception
No business necessity shown in implementing nonmandatory provisions of SB 813.
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.
1105.08000 – Offer of Proof
ALJ properly refused testimony other than by offer of proof where matter determined to be irrelevant.
1105.18000 – Relevance
ALJ properly found evidence of attempts to bargain irrelevant where other party had no duty to bargain.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Instructional minutes (SB 813). Nonmandatory provision does not provide business necessity defense.
1000.02068 – Instructional Time
Unlawful unilateral change in response to SB 813.
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.
602.03000 – Change In Policy
Contract repudiation not excused by providing notice and opportunity to bargain.
1107.13000 – Administrative and Judicial Notice
Board takes official notice of subsequent contract in determining proper remedy.
1108.01000 – In General
Matter to go to compliance if parties cannot agree to compensation formula within 60 days.
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.
1202.02000 – Agreement Between. the Parties
Back pay limited to effective date of subsequent contract establishing new status quo.
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.
1402.03000 – 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.
1500.02000 – Education Code Sections Considered by PERB (By Number)
46201(c) Nonmandatory provision does not provide business necessity defense.