Decision 0684E – Los Rios Community College District

S-CE-982

Decision Date: June 23, 1988

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19112

Decision Headnotes

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

Employer faced with a true emergency and a recalcitrant union may sucessfully defend a unilateral change on the basis of business necessity.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02016 – Calendar

Employee calendar is negotiable, academic calendar only is not negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02062 – Holidays

Holidays are negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02152 – Vacations

Vacations are negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02127 – Schedules

Work schedules are negotiable.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.