Decision 0684E – Los Rios Community College District
S-CE-982
Decision Date: June 23, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19112
Decision Headnotes
1101.03000 – Computation of Six-Month Period
Statute does not begin to run until charging party has actual or constructive knowledge of allegedly illegal act.
1000.02016 – Calendar
Employee calendar is negotiable, academic calendar only is not negotiable.
608.03000 – Business Necessity; Emergency Exception
Employer faced with a true emergency and a recalcitrant union may sucessfully defend a unilateral change on the basis of business necessity.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Zipper clause does not allow the employer to make unilateral changes in the status quo. Regardless of the existence of a zipper clause, neither party to collective bargaining agreement has a duty to negotiate over any matter covered by the agreement during its term. Board will examine language of the zipper clause and will give it the breadth the language warrants.
1000.02062 – Holidays
Holidays are negotiable.
1000.02152 – Vacations
Vacations are negotiable.
1000.02127 – Schedules
Work schedules are negotiable.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Zipper clause does not allow the employer to make unilateral changes in the status quo. Regardless of the existence of a zipper clause, neither party to collective bargaining agreement has a duty to negotiate over any matter covered by the agreement during its term. Board will examine language of the zipper clause and will give it the breadth the language warrants.