Decision 0804E – Contra Costa Community College District * * * OVERRULED IN PART by Los Angeles Unified School District (2017) PERB Decision No. 2518, pp. 41-42

SF-CE-1332

Decision Date: April 2, 1990

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Los Angeles Unified School District (2017) PERB Decision No. 2518, pp. 41-42 * * *

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Perc Vol: 14
Perc Index: 21085

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02168 – Staff Development

* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2017) PERB Decision No. 2518. * * *

Issue of whether staff development is within scope of representation analyzed on case-by-case basis pursuant to Poway Unified School District, PERB Decision No. 680; pp. 7-8.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

* * * OVERRULED IN PART by Los Angeles Unified School District (2017) PERB Decision No. 2518, where the Board held that a broadly worded provision allowing the employer to adopt any policy not in conflict with the collective bargaining agreement does not waive the union’s right to bargain over a new policy within the scope of representation. * * *

Union waived right to negotiate staff development by agreeing to a broad management rights/zipper clause which gave the employer the discretion to determine adoption and institution of all past, existing and future policies, procedures, etc., not embodied in contract; pp. 9-10.

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

* * * OVERRULED IN PART by Los Angeles Unified School District (2017) PERB Decision No. 2518, where the Board held that a broadly worded provision allowing the employer to adopt any policy not in conflict with the collective bargaining agreement does not waive the union’s right to bargain over a new policy within the scope of representation. * * *

Union waived right to negotiate staff development by agreeing to a broad management rights/zipper clause which gave the employer the discretion to determine adoption and institution of all past, existing and future policies, procedures, etc., not embodied in contract; pp. 9-10.