Decision 0798E – Compton Community College District

LA-CE-2272-2273

Decision Date: March 22, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21079

Decision Headnotes

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

No clear, unmistakable evidence of waiver by union where initial communications were made by District agent who neither invited negotiations nor was designated as a management negotiator, and where union was led to believe that District intended to negotiate over student grievance policy; pp. 31-34, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Although student grievance policy not a specifically enumerated subject of bargaining, under Anaheim test, Board found it was negotiable; pp. 23-24, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02030 – Disciplinary Procedures

ALJ finding that student grievance policy negotiable on ground that it is a procedure for informal discipline not supported by record evidence; pp. 4-5.

1000.00000 – SCOPE OF REPRESENTATION
1000.02045 – Evaluations

Student grievance policy, which requires placement of material in employee's personnel file, negotiable on ground that it is a procedure for the evaluation of certificated employees and, thus, an enumerated subject of bargaining; pp. 3-4; pp. 24-25, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Student grievance policy negotiable on theory that it increases the workload or hours of work of counselors; pp. 29-31, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02159 – Workloads

Student grievance policy negotiable on theory that it increases the workload or hours of work of counselors; pp. 29-31, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

District made unlawful unilateral change when it adopted a student grievance policy and when it adopted calendars for the upcoming fall and spring terms.