Decision 1201S – State of California (Department of Corrections) * * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M

SA-CE-919-S

Decision Date: June 2, 1997

Decision Type: PERB Decision

* * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M * * *

Description: Union appealed dismissal of its charge that employer unilaterally changed working conditions and unlawfully retaliated against employees.

Disposition: Dismissed, Employer acted in compliance with collective bargaining agreement. Union did not demonstrate that employer’s conduct was unlawfully motivated.

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Perc Vol: 21
Perc Index: 28107

Decision Headnotes

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Charge failed to establish prima facie case of discrimination or reprisal based on denial of employee's merit salary adjustment because it did not allege facts establishing a nexus between the adverse action and the protected conduct; p. 4, warning letter.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

MOU clearly sets out procedures for employee trading of monthly and daily shifts. The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts. Cites Marysville Joint Unified School District (1983) PERB Decision No. 314; p. 3, warning letter.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

MOU clearly sets out procedures for employee trading of monthly and daily shifts. The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts. Cites Marysville Joint Unified School District (1983) PERB Decision No. 314; p. 3, warning letter.