Decision 0720E – Compton Community College District

LA-CE-1865

Decision Date: March 1, 1989

Decision Type: PERB Decision

Perc Vol: 13
Perc Index: 20057

Decision Headnotes

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

Employer provided reasonable notice and a meaningful opportunity to bargain over the effects of its layoff decision when it notified association of layoffs two and four months prior to implementation.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Despite district's financial problems, district failed to present evidence that unilateral action in reduction of benefit plan was its only alternative. Unilateral change prior to the exhaustion of impasse procedures violated EERA section 3543.5(c).

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

No waiver due to association's dilatory conduct where no evidence that subject was fully discussed or consciously explored or that the association consciously yielded its interest.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.02000 – Declaration/Determination of Impasse

Unilateral change prior to the exhaustion of the impasse procedures violates EERA section 3543.5(e).