Decision 1141E – Redwoods Community College District

SF-CE-1719

Decision Date: February 28, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27048

Decision Headnotes

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)

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.

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

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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.

1000.00000 – SCOPE OF REPRESENTATION
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.