Decision 0973E – West Covina Unified School District
LA-CE-3113
Decision Date: February 9, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24042
Decision Headnotes
1201.04000 – Restoration of Benefits
Make whole obligation where employer discontinued employee use of employer's vehicles does not include compensation for purchase of new car used in his commute to work.
1201.08000 – Other
Make whole obligation where employer discontinued employee use of employer's vehicles does not include compensation for purchase of new car used in his commute to work.
1000.02151 – Use of District Facilities, Equipment
It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13.
1000.02153 – Vehicle Unavailability
It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13.
602.06000 – Change in Past Practice
While the practice of home-garaging district vehicles may not have been expressly adopted by the governing board, by allowing the practice to continue for at least 25 years, the district firmly established this as district policy; p. 9.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Prior to implementing a proposed change in a negotiable subject, an employer must provide notice to the exclusive representative sufficiently in advance of a firm decision to allow a reasonable amount of time to decide whether to make a demand to negotiate; p. 13. An exclusive representative can be found to have waived the right to bargain where the employer shows that the exclusive representative failed to demand to negotiate, despite having received sufficient notice of the proposed change; p. 14.
1000.02050 – Equipment (Union Use of Employer Equipment)
It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13.
1000.02150 – Use of State Vehicle
It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13.
1000.02164 – Other
It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13.
1201.01000 – In General
Make whole obligation where employer discontinued employee use of employer's vehicles does not include compensation for purchase of new car used in his commute to work.