Decision 0754E – Calexico Unified School District
LA-CE-2417
Decision Date: July 17, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20159
Decision Headnotes
1402.04000 – By Acquiescence/Conduct
Where the union makes inquiries and is assured problem would be taken care of and demands to bargain as soon as it is on notice that the problem of contracting out has not been remedied, there is no waiver; pp. 33-35, proposed dec.
1101.07000 – Waiver; Estoppel
Statute of limitations under EERA, Dills Act, and HEERA is jurisdictional and cannot be waived; p. 7. Statute of limitations is jurisdictional and cannot be waived; even, if waivable, raising of such defense as events become an issue is not a waiver of that defense; pp. 6-7.
1000.02147 – Transfer of Work Out of Unit
The mere increase in the amount of overlapping duties to non-unit employees is not unlawful; p. 4.
1000.02026 – Contracting Out
The diminution of overtime opportunities constitutes a change in wages and is subject to negotiations; p. 22, proposed dec.
1000.02095 – Overtime Pay
The diminution of overtime opportunities constitutes a change in wages and is subject to negotiations; p. 22, proposed dec.
1000.02137 – Subcontracting
Where the transfer of assignments out of the unit affects the overtime earnings of unit employees it must be bargained for; p. 22, proposed dec.
1402.01000 – In General
Statute of limitations is jurisdictional and cannot be waived; even, if waivable, raising of such defense as events become an issue is not a waiver of that defense; pp. 6-7.