Decision 0861E – Perris Union High School District
LA-CE-2954
Decision Date: December 20, 1990
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22018
Decision Headnotes
606.01000 – In General
District's refusal to implement recommendation of insurance committee established pursuant to mediator's settlement proposal and side letter of agreement does not constitute bad faith bargaining; a prima facie violation is not stated where Association failed to allege that recommendation of insurance committee must be accepted or implemented by District; Warning letter, p. 4.
602.01000 – In General
Prima facie case of unilateral change is not found where District refused to implement an [advisory] recommendation of an insurance committee and, instead, implemented alternative health benefit plan previously authorized under a mediator's settlement proposal; Warning letter, p. 4.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
District's refusal to implement recommendation of insurance committee established pursuant to mediator's settlement proposal and side letter of agreement does not constitute bad faith bargaining; a prima facie violation is not stated where Association failed to allege that recommendation of insurance committee must be accepted or implemented by District; Warning letter, p. 4.
602.03000 – Change In Policy
Even if District required to implement insurance committee recommendation, but refused to do so, Association's allegations in this case constitute, at most, a pure contract violation and PERB has no authority to enforce agreements between parties; p. 2.
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB's jurisdiction to review "settlements" is limited to those arrived at through the grievance machinery of a collective bargaining agreement, and not through the mediation process, and then only to determine if the settlement is repugnant to the purposes of EERA; p. 2. Even if District required to implement insurance committee recommendation, but refused to do so, Association's allegations in this case constitute, at most, a pure contract violation and PERB has no authority to enforce agreements between parties; p. 2.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No unilateral change in health benefit plan where District refused to implement [advisory] recommendation of insurance committee and switch to new plan was done under terms of previously executed agreement with Association which authorized the change in the event the parties could not agree to implement the recommendation.
1100.05000 – Dismissal of Charge; Appeal
Board summarily affirms Board agent's dismissal of charge, finding it free of prejudicial error; p. 1.
1102.02000 – Post Arbitration; Repugnancy
PERB's jurisdiction to review "settlements" is limited to those arrived at through the grievance machinery of a collective bargaining agreement, and not through the mediation process, and then only to determine if the settlement is repugnant to the purposes of EERA; p. 2.
1503.02000 – Regulations Considered (By Number)
PERB Regulation 32635 - Charging party failed to identify why "good cause" exists to consider any of the information not previously presented to the regional attorney; p. 3.