Decision 0919E – Sylvan Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
S-CE-1366
Decision Date: January 7, 1992
Decision Type: PERB Decision
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M * * *
Perc Vol: 16
Perc Index: 23017
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2013) PERB Decision No. 2321-M. * * *
Where complaint solely alleged District's failure to negotiate the effects of a decision, the Board has jurisdiction to determine only the effects portion of the case.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
601.03000 – Decision vs Effects Bargaining
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
602.02000 – Prior Notice and Opportunity to Bargain
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
608.01000 – In General
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.
1402.05000 – By Delaying or Failing to Request Negotiations
* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain.