Decision 0860E – Los Angeles Unified School District (United Teachers Los Angeles)
LA-CE-2751
Decision Date: December 19, 1990
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22015
Decision Headnotes
602.06000 – Change in Past Practice
Board affirmed ALJ's conclusion that District conduct not excused by past practice defense because specific program at issue not same or similar to previous programs; pp. 4-6; pp. 20-23, proposed dec.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Board affirmed ALJ refusal to defer matter to arbitration on ground that relevant collective bargaining agreement provision did not "arguably prohibit" conduct at issue, and therefore, Lake Elsinore test not met; pp. 2-4.
608.05000 – Past Practice; Maintenance of Status Quo
Board affirmed ALJ's conclusion that District conduct not excused by past practice defense because specific program at issue not same or similar to previous programs; pp. 4-6; pp. 20-23, proposed dec.
1402.01000 – In General
Board affirmed ALJ's conclusion that District conduct not excused by past practice defense because specific program at issue not same or similar to previous programs; pp. 4-6; pp. 20-23, proposed dec.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Board affirmed ALJ finding that contract wage rate provision did not apply to particular after-school program which had a distinct academic focus, in addition to a counseling and advising focus; thus, District made unlawful unilateral change when it selected a wage rate for the program; pp. 4-6; pp. 18-20, proposed dec.
1102.01000 – Pre-Arbitration
Board affirmed ALJ refusal to defer matter to arbitration on ground that relevant collective bargaining agreement provision did not "arguably prohibit" conduct at issue, and therefore, Lake Elsinore test not met; pp. 2-4. (Appeal pending.)
1104.01000 – In General; Conduct of Hearing
Board held that PERB Regulation 32130(c), providing that Code of Civil Procedure section 1013(a) extension applies to certain filings, applies to filing of post-hearing briefs with ALJ in that triggering mechanism for timeline is the mailing of the hearing transcript; p. 7.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Board affirmed ALJ's finding that contract wage rate provision did not apply to particular after-school program which had a distinct academic focus, in addition to a counseling and advising focus; thus, District made unlawful unilateral change when it selected a wage rate for the program; pp. 4-6; pp. 18-20, proposed dec.
1503.02000 – Regulations Considered (By Number)
32130 - Board held that PERB Regulation 32130(c), providing that Code of Civil Procedure section 1013(a) extension applies to certain filings, applies to filing of post-hearing briefs with ALJ in that triggering mechanism for timeline is the mailing of the hearing transcript; p. 7.