Decision 0766E – Cajon Valley Union School District

LA-CE-2620

Decision Date: September 15, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20198

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

In the absence of salary-setting authority vested in a civil service commission, it remains an unfair practice for the employer to alter the clear terms of a collective bargaining agreement with respect to salary range changes due to reclassification recommendations; p. 3.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

45256 A 1981 amendment did not overrule the Sonoma decision (102 Cal.App.3d 689) and did not establish exclusive salary-setting authority with a personnel commission; p. 3.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Positions already assigned wage ranges in a collective bargaining agreement cannot be unilaterally reassigned upon the recommendation of a personnel commission where the exclusive representative did not consent; p. 3.

1000.00000 – SCOPE OF REPRESENTATION
1000.02104 – Personnel Commission Recommendations

A 1981 amendment to Education Code section 45256 did not overrule the Sonoma decision (102 Cal.App.3d 689) and did not establish exclusive salary-setting authority with the personnel commission; p. 3.

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

The fact that a party to a collective bargaining agreement has not chosen to enforce its contractual rights in the past, does not mean, ipso facto, it is forever precluded from doing so; p. 4.