Decision 0915E – Compton Community College District

LA-CE-3096

Decision Date: December 20, 1991

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23012

Decision Headnotes

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.02000 – Board’s Jurisdiction To Interpret Contracts

PERB does not have jurisdiction to resolve pure contract disputes; p. 7. Failure to follow ground rule or procedures for ratification are a mere breach of contract and not a unilateral change.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Ratification of full and complete contract, which failed to include tentative agreement on retirement bonuses, constituted notice to charging parties that district did not ratify the retirement bonus; 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

Failure to follow ground rule or procedures for ratification are a mere breach of contract and not a unilateral change.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Unfair practice charge untimely when filed more than six months after date charging parties knew or should have known of district's ratification of full and complete contract which constituted a rejection of the tentative agreement on retirement bonuses; pp. 6-7.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Ratification of full and complete contract, which failed to include tentative agreement on retirement bonuses, constituted notice to charging parties that district did not ratify the retirement bonus; p. 4.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Denial of subsequent requests for retirement bonus does not constitute a continuing violation; p. 6.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.01000 – In General

PERB does not have jurisdiction to resolve pure contract disputes; p. 7.