Decision 0790E – Compton Community College District

LA-CE-2393

Decision Date: February 6, 1990

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 14
Perc Index: 21051

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Released time is within the scope of bargaining.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

District violated 3543.4(c) by failing to respond to union's request for information in a timely manner. Requested information was relevant and necessary to the union's enforcement of the agency fee provision and District did not adequately explain why the information request could not be completed for almost five months.

1000.00000 – SCOPE OF REPRESENTATION
1000.02016 – Calendar

Employee calendars are within the scope of bargaining. However, an employer does not commit an unfair practice by unilaterally adopting a student (as opposed to an employee) calendar, which was tentative and primarily a mechanism to facilitate the student registration process.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Where contract was silent regarding District's policy on attendance at trustee meetings, past practice governed, became part of the status quo, and could not be changed unilaterally.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

As District's formulation and distribution of schedule did not amount to the adoption of a final work calendar, District complied with its duty to give union notice and opportunity to bargain. When union rejected offer to negotiate, District was free to implement.

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

As District's formulation and distribution of schedule did not amount to the adoption of a final work calendar, District complied with its duty to give union notice and opportunity to bargain. When union rejected offer to negotiate, District was free to implement.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

As District's formulation and distribution of schedule did not amount to the adoption of a final work calendar, District complied with its duty to give union notice and opportunity to bargain. When union rejected offer to negotiate, District was free to implement.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

Names and addresses of part-time instructors is necessary and relevant for contract administration and representational purposes.