Decision 0782E – Temple City Unified School District
Decision Date: December 22, 1989
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21027
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.
603.04000 – 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.
1000.02121 – 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.
1102.01000 – 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.