Decision 1215S – State of California (Department of Youth Authority)

SA-CE-966-S

Decision Date: August 11, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28143

Decision Headnotes

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

In the contract, the union waived its right to negotiate over a decision to change teachers shifts and assign work to teachers during their preparation periods.

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

In the contract, the union waived its right to negotiate over a decision to change teachers shifts and assign work to teachers during their preparation periods.

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

Reassignment from regular classes to relief assignments is not within the scope of representation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

The charging party's burden is to include the who, what, when, where and how of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) Legal conclusions are insufficient to state a prima facie case. (Charter Oak Unified School District (1991) PERB Decision No. 873.)