Decision 1006E – Gonzales Union High School District

SF-CE-1503

Decision Date: June 25, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24119

Decision Headnotes

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

No reinbursement to employees or cease and desist order where employer was not obligated to pay premium increase but unilaterally implemented new policy of payroll deduction.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Education Code 44494: Under Education Code 44494(d) a District's participation in a mentor teacher program is not an negotiable issue; p. 13, proposed dec.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Under Education Code 44494(d) a District's participation in a mentor teacher program is not an negotiable issue; p. 13, proposed dec.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

The District's asking the Association to waive its rights to negotiate in exchange for the District foregoing its statutory right to cancel the mentor teacher program is slight harm; p. 17, proposed dec.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.01000 – Business Necessity

No interference claim as to the elimination of the mentor teacher program as the harm to employees rights was slight when weighed against the District's clear statutory right and its intent in saving money as its motivation to eliminate the program; p. 17, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

As no applicable contract language existed, no existing outside agreements cover the situation, and no applicable past practice exists, the District was under an obligation to give notice and an opportunity to negotiate over the issue of employee payroll deductions for health benefits prior to implementing new policy; pp. 19-20, 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

As the contract did not cover the situation of payment of health benefit premiums, it is necessary to look at other existing policies or agreements outside of the contract or to past practice within the District; p. 18, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02170 – Mentor Teachers

Under Education Code 44494(d) a District's participation in a mentor teacher program is not an negotiable issue; p. 13, proposed dec.

1200.00000 – REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS
1200.01000 – In General

No reimbursement to employees or cease and desist order where employer was not obligated to pay premium increase but unilaterally implemented new policy of payroll deduction.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

No reimbursement to employees or cease and desist order where employer was not obligated to pay premium increase but unilaterally implemented new policy of payroll deduction.