Decision 1019E – Apple Valley Unified School District

LA-CE-3274

Decision Date: October 21, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24170

Decision Headnotes

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.