Decision 0844E – Mt. Diablo Unified School District

SF-CE-1287

Decision Date: October 1, 1990

Decision Type: PERB Decision

Disposition: The Board found that the District violated 3543.5(c), (e) and derivatively (b) of PERB when it insisted to impasse that the Association: (1) waive its right to file grievances in its own name; and (2) waive its right to arbitrate grievances in cases where the individual grievant does not wish to pursue the grievance to arbitration.

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Perc Vol: 14
Perc Index: 21192

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Insistence to impasse that employee organization waive right to grieve in own name and waive right to take grievances to arbitration without concurrence of named grievant held per se violation.

1000.00000 – SCOPE OF REPRESENTATION
1000.02057 – Grievance Procedure

Exclusive representative's right to file grievances in its own name is nonmandatory subject of bargaining; exclusive representative's right to take grievance to arbitration without consent of individual grievant is nonmandatory subject of bargaining.

1000.00000 – SCOPE OF REPRESENTATION
1000.02167 – Exclusive Representative’s Right to File Grievances

Exclusive representative's right to file grievances in its own name is nonmandatory subject of bargaining

1000.00000 – SCOPE OF REPRESENTATION
1000.02165 – Statutory Rights

Exclusive representative's right to file grievances in its own name is a statutory right and therefore nonmandatory subject of bargaining. Exclusive representative's right to take a grievance to arbitration without the consent of the individual grievance is a statutory right and is therefore a nonmandatory subject of bargaining.