Decision 0937E – Eastside Union SD

LA-CE-3101

Decision Date: June 2, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23084

Decision Headnotes

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

Pre-impasse unilateral change in established, negotiable practice is failure per se of the duty to negotiate in good faith; p. 10, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

No violation where District's decision to contract out satellite food service program was consistent with past practice; pp. 13-14, proposed dec. In past practice cases, contracting out will constitute a unilateral change in established policy where it evinces a change in the quantity and kind of subcontracting; p. 11, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02137 – Subcontracting

Subcontracting of bargaining unit work is a negotiable subject, within the scope of representation; p. 3; p. 11, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

As unfair practice charge, complaint and charging party's opening statement included allegations that District refused to negotiate decision and effects of the implementation of a satellite food service program, ALJ did not exceed his authority in finding a violation based upon District's refusal to negotiate upon demand; pp. 4-5.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

As the District Rights and Entire Agreement provisions of the collective bargaining agreement did not cover the subcontracting of bargaining unit work, the District was obligated to negotiate upon the exclusive representative's demand; pp. 2-3; 14-15, proposed dec.