Decision 0937E – Eastside Union SD
Decision Date: June 2, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23084
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.
602.06000 – 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.
1000.02137 – Subcontracting
Subcontracting of bargaining unit work is a negotiable subject, within the scope of representation; p. 3; p. 11, proposed dec.
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.
1402.03000 – 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.