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 * * *

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Perc Vol: 21
Perc Index: 28107

Decision Headnotes

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

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

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 The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts.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

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 The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts.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.