Decision 1050E – Poway Unified School District
LA-CE-3387
Decision Date: June 13, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25100
Decision Headnotes
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Although the district may have utilized only volunteer teachers in the past to supervise student activites, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter.
602.03000 – Change In Policy
The plain meaning of the agreement, that the supervision of student activities may be required, is not superseded by the previous practice of using only volunteers, and therefore the assignment of non-volunteers is not an unlawful unilateral change of policy; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter.
602.06000 – Change in Past Practice
Although the district may have utilized only volunteer teachers in the past to supervise student activities, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter.
608.05000 – Past Practice; Maintenance of Status Quo
Although the district may have utilized only volunteer teachers in the past to supervise student activities, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Although the district may have utilized only volunteer teachers in the past to supervise student activites, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter.