Decision 0861E – Perris Union High School District

LA-CE-2954

Decision Date: December 20, 1990

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22018

Decision Headnotes

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board summarily affirms Board agent's dismissal of charge, finding it free of prejudicial error; p. 1.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.