Decision 1050E – Poway Unified School District

LA-CE-3387

Decision Date: June 13, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25100

Decision Headnotes

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

602.00000 – 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

The plain meaning of the agreement, that the supervision of student activities may be required, is not superseded by the previous practice of using only volunteers, and therefore the assignment of non-volunteers is not an unlawful unilateral change of policy; p. 3, warning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.

602.00000 – 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

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.

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

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