Decision 1092E – Marin Community College District
SF-CE-1524
Decision Date: March 21, 1995
Decision Type: PERB Decision
Description: District unilaterally placed managers on certificated salary schedule without negotiating.
Disposition: Violation found. District ordered to negotiate upon union’s request.
Perc Vol: 19
Perc Index: 26070
Decision Headnotes
1107.14000 – Informational Briefs
Petition to file informational brief denied and briefs not considered where no newly discovered law or other matter that would affect the outcome of this decision was raised.
1201.01000 – In General
The Board affirmed ALJ's conclusion that repayment of salaries earned by managers or reduction in salaries would not effectuate the purposes of EERA; p. 10.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Although it is well established that while a zipper clause may relieve the employer from entertaining union proposals during the life of the contract, it does not cede to the employer the right to make unilateral changes in negotiable matters not covered by the contract (cases omitted); p. 83, proposed dec.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Conduct complained of by the Union was not arguably prohibited by the language of the agreement between the parties and therefore deferral was not proper; p. 5.
602.01000 – In General
Although it is well established that while a zipper clause may relieve the employer from entertaining union proposals during the life of the contract, it does not cede to the employer the right to make unilateral changes in negotiable matters not covered by the contract (cases omitted); p. 83, proposed dec. No genuine impasse where negotiations have stalled as a result of bad faith negotiations; p. 85, proposed dec.
602.04000 – Time of Implementation
Changes in practice of placing former managers on the certificated salary schedule triggers obligation to bargain when the change became apparent to the exclusive representative; p. 84, proposed dec. An increase of 2-3 courses taught does not constitute sufficient change in the status quo to require negotiations; p. 92, proposed dec.
603.01000 – In General
Evidence surrounding the step placement of the former managers at issue here supports the District's argument that no unlawful bypass of the Union occurred; p. 88, proposed dec.
606.01000 – In General
Although former managers have retreat rights under the Education Code and were assigned when they were in a management status, and factors arguably implicate the District's managerial prerogatives and Education Code suppression issues, neither factor relieves the District of its obligation to negotiate; p. 54, proposed dec.
608.01000 – In General
Although creation of a practice under which the step placements were made breached the obligation to negotiate under EERA, it does not follow automatically that the step placements of the former managers constituted independent violations of the Act; p. 88, proposed dec.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Actual notice to the union was not given by delivery of Board agendas listing salary schedule to the union; pp. 73-75, proposed dec. Proper notice requires an affirmative obligation on the part of the employer to tell the union of proposed changes in negotiable subjects; p. 78, proposed dec. Although it is well established that while a zipper clause may relieve the employer from entertaining union proposals during the life of the contract, it does not cede to the employer the right to make unilateral changes in negotiable matters not covered by the contract (cases omitted); p. 83, proposed dec.
806.06000 – Impasse Broken-Duty to Bargain
No genuine impasse where negotiations have stalled as a result of bad faith negotiations; p. 85, proposed dec.
900.01000 – In General
No genuine impasse where negotiations have stalled as a result of bad faith negotiations; p. 85, proposed dec.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Negotiating about salary step placement of former managers was found not to impact the District's ability to run its school and thus did not violate the third prong of the Anaheim test; p. 8.
1000.02126 – Salary Placement
Placement of managers on the salary schedule is a subject that was within the scope of representation; p. 8. Negotiating about salary step placement of former managers was found not to impact the District's ability to run its school and thus did not violate the third prong of the Anaheim test; p. 8.
1101.03000 – Computation of Six-Month Period
Actual notice of the union was not given by delivery of Board agendas listing salary schedule to the union; pp. 73-75, proposed dec. Proper notice requires an affirmative obligation on the part of the employer to tell the union of proposed changes in negotiable subjects; p. 78, proposed dec.
1102.01000 – Pre-Arbitration
Conduct complained of by the union was not arguably prohibited by the language of the agreement between the parties and therefore deferral was not proper; p. 5.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to the ALJ determining the determination of a witness due credibility determinations being based on first hand observation of the witness; p. 9.