Decision 0754E – Calexico Unified School District

LA-CE-2417

Decision Date: July 17, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20159

Decision Headnotes

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

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

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

The diminution of overtime opportunities constitutes a change in wages and is subject to negotiations; p. 22, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02095 – Overtime Pay

The diminution of overtime opportunities constitutes a change in wages and is subject to negotiations; p. 22, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.