Decision 1019E – Apple Valley Unified School District
LA-CE-3274
Decision Date: October 21, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24170
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
In the face of unambiguous contractual language, a vague and conclusory allegation about the "intention of the parties" unsupported by clear factual allegations is inadequate to state a prima facie case.
1100.01000 – In General/Prima Facie Case
A charge alleging reprisal which does not state who was the subject of reprisal, the nature of the protected activity, or a nexus indicating that the adverse action was taken because of the individuals protected activity is inadequate to state a prima facie case; p. 2, dismissal letter. In the face of unambiguous contractual language, a vague and conclusory allegation about the "intention of the parties" unsupported by clear factual allegations is inadequate to state a prima facie case.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
In the face of unambiguous contractual language, a vague and conclusory allegation about the "intention of the parties" unsupported by clear factual allegations is inadequate to state a prima facie case.