Decision 1053E – Rowland Unified School District

LA-CE-3235

Decision Date: September 1, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25126

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

The duration of a collective bargaining agreement has been found to be a mandatory subject of bargaining under the NLRA; p. 11.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. The district's duty to resume negotiations following good faith completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstrates that circumstances have changed and agreement may be possible; p. 8.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

The right to bargain to reach agreement on terms and conditions of employment is the very essence of collective bargaining under EERA. Any attempt to limit or waive this statutory right must be mutually agreed to by the parties and expressed in clear and unmistakable terms; p. 10. An employer may not, following impasse, unilaterally impose a waiver of an exclusive representative's statutory right to bargain. Such a waiver of the statutory right to bargain may only occur within the context of a mutually agreed collective bargaining agreement; p. 10. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation

Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. The district's duty to resume negotiations following good faith completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstrates that circumstances have changed and agreement may be possible; p. 8.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.06000 – Impasse Broken-Duty to Bargain

Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. The act of unlawfully implementing a waiver of the statutory right to bargain does not revive the district's duty to negotiate following impasse. Upon completion of impasse the duty to bargain is renewed when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; pp. 11-12. position which indicates that agreement may be possible; pp. 11-12.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. Not all terms and conditions of employment contained within a last, best and final offer may lawfully be implemented by an employer following impasse; p. 7, fn. 5. The district's duty to resume negotiations following good faith completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstates that completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstates that right to bargain does not revive the district's duty to negotiate following impasse. Upon completion of impasse the duty to bargain is renewed when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; pp. 11-12.

1000.00000 – SCOPE OF REPRESENTATION
1000.02165 – Statutory Rights

The parties to a collective bargaining agreement may agree to contractual language specifically waiving or limiting the right to bargain about particular matters; p. 9. An employer may not, following impasse, unilaterally impose a waiver of an exclusive representative's statutory right to bargain. Such a waiver of the statutory right to bargain may only occur within the context of a mutually agreed collective bargaining agreement; p. 10. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.02000 – Union’s Waiver of Employee or Organizational Rights

The parties to a collective bargaining agreement may agree to contractual language specifically waiving or limiting the right to bargaining about particular matters; p. 9. The right to bargain to reach agreement on terms and conditions of employment is the very essence of collective bargaining under EERA. Any attempt to limit or waive this statutory right must be mutually agreed to by the parties and expressed in clear and unmistakable terms; p. 10. An employer may not, following impasse, unilaterally impose a waiver of an exclusive representative's statutory right to bargain. Such a waiver of the statutory right to bargain may only occur within the context of a mutually agreed collective bargaining agreement; p. 10. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11.