Decision 1154E – El Centro School District
LA-CE-3561
Decision Date: June 7, 1996
Decision Type: PERB Decision
Description: District unilaterally eliminated bargaining unit positions, transferred work out of the bargaining unit, and adopted a revised job description for a non-bargaining unit position without negotiating.
Disposition: Remanded to General Counsel’s Office for further investigation because unclear if prima facie case established.
Perc Vol: 20
Perc Index: 27106
Decision Headnotes
602.01000 – In General
Once on notice exclusive representative bears burden of clearly communicating request to bargain to the employer. "Not waiving" rights or threatened legal action are insufficient.
602.02000 – Prior Notice and Opportunity to Bargain
Once on notice exclusive representative bears burden of clearly communicating request to bargain to the employer. "Not waiving" rights or threatened legal action are insufficient.
608.01000 – In General
The zipper clause does not relieve exclusive representative from requesting to bargain after notice from employer of pending change.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Once on notice exclusive representative bears burden of clearly communicating request to bargain to the employer. "Not waiving" rights or threatened legal action are insufficient.