Decision 0782E – Temple City Unified School District

LA-CE-2628, 2662

Decision Date: December 22, 1989

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21027

Decision Headnotes

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.03000 – Proposed Decision

It is unnecessary to make a finding on the merits of the case after holding that the allegations must be deferred to arbitration. Finding by ALJ is rejected by the Board.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

Direct Dealing with Employees. No violation where employer had six-year history, known to union, of engaging in direct negotiations with individual employees over early retirement. Employer may, even where there has been a demand to bargain, continue to act consistent with existing policy until agreement is reached to alter that policy.

1000.00000 – SCOPE OF REPRESENTATION
1000.02121 – Retirement

Future, post-employment benefits of present employees are within scope. There is no authority for the proposition that an employer does not have to negotiate retirement or severance benefits because the benefits will not be received until after employee is separated.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Discrimination/retaliation charge will be deferred despite union's assertion that it is precluded from filing a grievance itself. ALJ's interpretation of contract to permit union to file grievance in own name is not reasonable.