Decision 0973E – West Covina Unified School District

LA-CE-3113

Decision Date: February 9, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24042

Decision Headnotes

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

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

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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.