Decision 1154E – El Centro School District

LA-CE-3561

Decision Date: June 7, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27106

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

The zipper clause does not relieve exclusive representative from requesting to bargain after notice from employer of pending change.

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