Decision 0841E – Temple City Unified School District
Decision Date: September 20, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21186
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Totality of conduct test looks to entire course of negotiations to see if parties negotiated with the required subjective intent of reaching an agreement.
602.01000 – In General
An employer's unilateral change in terms or conditions of employment within the scope of representation is, absent a valid defense, a per se refusal to negotiate in violation of EERA section 3543.5(c). When unilateral changes occur during EERA's impasse procedures, they violate EERA section 3543.5(e); p. 24, proposed dec.
602.03000 – Contract Repudiation or Breach
Unambiguous contract provisions required the District to increase unit member's fringe benefit contributions in amount equal to yearly increases in premiums. The fact that contract contained reopeners did not excuse District's failure to maintain status quo by paying increases in health insurance premiums pending completion of negotiations; p. 25-27, proposed dec.
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Record failed to show insistence to impasse on nonmandatory subjects of bargaining where District proposed that union withdraw grievances and unfair practice charges during initial phases of impasse procedure but did not insist upon those proposals during later phases of impasse procedure; p. 32-33, proposed dec.
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining
Record failed to show unlawful conditioned bargaining where District proposed that union withdraw grievances and unfair practice charges during initial phases of impasse procedure but did not insist upon those proposals during later phases of impasse procedure; p. 32-33, proposed dec.
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Right to implement "last, best, and final" offer is dependent on having first bargained in good faith through exhaustion of impasse procedures.
900.05000 – Post-Impasse
Right to implement "last, best, and final" offer is dependent on having first bargained in good faith through exhasution of impasse procedures.
1000.02059 – Health Plans
Health and welfare benefits are enumerated subjects within the scope of representation under EERA section 3543.2; p. 24, proposed dec.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board normally gives deference to the credibility determination of ALJ's because they witnessed the live testimony and are better placed to make accurate determinations.
1201.04000 – Restoration of Benefits
In unilateral change cases, Board usually orders the employer to restore status quo as it existed prior to action. District ordered to compensate any affected unit employee for out-of-pocket monetary losses incurred as a result of District's failure to make fringe benefit contribution as required by contract.
409.06000 – Free Speech
Portions of written communications by the District to the employees were threatening and coercive where the District stated that negotiations on financial matters could not continue and no financial commitments could be made until all grievances were resolved. District's statement of intention to call in professional negotiators not a threat. Employer does not violate EERA merely by being critical of a union or making unfavorable comparisons with exclusive representatives for other units.