Decision 1003E – Klamath-Trinity Joint Unified School District

SF-CE-1473

Decision Date: June 24, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24116

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

A unilateral change in terms and conditions of employment within the scope of representation is a per se refusal to negotiate; p. 9, proposed dec. To demonstrate a unilateral change, the charging party must first establish the "status quo." This is done by reference to: (1) the party's CBA; or (2) a showing of the employer's: (a) pattern of activity, or (b) past practice with regard to negotiable subject at issue. The charging party must then show that the employer has, without first providing an opportunity to negotiate, deviated from that CBA provision, pattern of activity or past practice; pp. 9-10, proposed dec. Under EERA section 3541.5(b) the Board has authority to resolve an unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

District is responsible to provide educational supplies under the CBA when the ratio of teacher to students is exceeded, no matter how short or long the duration of the time period; pp. 2-3. Hiring of a teacher was sufficient to lower the student/teacher ratio within the parameters of the CBA and thus no breach of the CBA occurred; p. 14, proposed dec.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

Under EERA section 3541.5(b) the Board has authority to resolve an unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB Decision No. 196); p. 2.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Contractual breach is actionable if it has a "generalized effect or continuing impact" upon the terms and conditions of employment of bargaining unit members. (Grant Joint Union High School District (1982) PERB Decision No. 196.) In this case, district's decision affected at least four teachers by depriving them from obtaining additional educational supplies with the potential to affect more in the ensuing years; p. 10, proposed dec.