Decision 0744E – Calistoga Joint Unified School District
SF-CE-1119
Decision Date: June 19, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20134
Decision Headnotes
1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit
1000.02147 – Transfer of Work Out of Unit
Where an employer eliminated all work previously performed by a classified unit and reassigned it to a certificated unit without affording the union a prior opportunity to bargain, an unlawful unilateral transfer of work occurs regardless of whether the duties were overlapping; pp. 8-9.
1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations
1402.05000 – By Delaying or Failing to Request Negotiations
A request to negotiate the decision to reduce hours arising out of a transfer of work is not a waiver of the right to request bargaining on the issue of transfer; pp. 9-10.
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
A request to negotiate the decision to reduce hours arising out of a transfer of work is not a waiver of the right to request bargaining on the issue of transfer; pp. 9-10.