Decision 1141E – Redwoods Community College District
SF-CE-1719
Decision Date: February 28, 1996
Decision Type: PERB Decision
Description: District unilaterally changed the hours of security officers prior to the completion of statutory impasse procedures.
Disposition: Violation found. District ordered to restore the security officers previous shifts, stop interfering with CSEA’s rights to represent members, and participate in good faith in statutory impasse procedure.
Perc Vol: 20
Perc Index: 27048
Decision Headnotes
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Parties to a collective bargaining agreement are not prohibited from negotiating alternative methods to attempt to resolve disputes. However, if the agreed upon dispute resolution process is unsuccessful, the parties are prohibited from making a unilateral change in a negotiable subject or engaging in strike activities until they have completed the statutory impasse procedure set out in the EERA; p. 3.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
An exclusive representative is free to negotiate a waiver of its right to bargain over certain mandatory subjects of bargaining for a specified contractual period. The waiver must be clear and unmistakable and cover all aspects of the particular matter in question; p. 2. An exclusive representative may waive its right to negotiate about a matter within the scope of representation during the life of an agreement. The only requirement is that such a contractual waiver be "clear and unmistakable"; p. 9, proposed dec. Certain statutory provisions are not within the power of the parties to waive; p. 10, proposed dec.
900.01000 – In General
Parties to a collective bargaining agreement are not prohibited from negotiating alternative methods to attempt to resolve disputes. However, if the agreed upon dispute resolution process is unsuccessful, the parties are prohibited from making a unilateral change in a negotiable subject or engaging in strike activities until they have completed the statutory impasse procedure set out in the EERA; p. 3. The statutory impasse resolution procedure was intended by the Legislature to protect the public from the disruption of public employee strikes by providing a method other than a work stoppage for resolving a deadlock in bargaining; p. 15, proposed dec.
1000.02090 – Negotiations, Arrangements, and Procedures
Parties to a collective bargaining agreement are not prohibited from negotiating alternative methods to attempt to resolve disputes. However, if the agreed upon dispute resolution process is unsuccessful, the parties are prohibited from making a unilateral change in a negotiable subject or engaging in strike activities until they have completed the statutory impasse procedure set out in the EERA; p. 3.