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 * * *
Perc Vol: 14
Perc Index: 21085
Decision Headnotes
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.
608.06000 – 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.
608.07000 – 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.