Decision 1286E – Oak Park Unified School District

LA-CE-3936

Decision Date: September 24, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29161

Decision Headnotes

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

No EERA violation when District distributed flyers to bargaining unit employees which stated that "the District started this process based upon the principles of Interest Based Bargaining" and that the District's flyer is "the most accurate characterization of [the Association's] actions," because PERB generally permits employers to communicate directly with employees, so long as the communication contains neither threat of reprisal or force, nor promise of benefit. During negotiations, an employer is obligated to present factually accurate information and may not engage in conduct to derogate the exclusive representative's authority; p. 4, warning letter; citations.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.01000 – In General

No EERA violation when District distributed flyers to bargaining unit employees which stated that "the District started this process based upon the principles of Interest Based Bargaining" and that the District's flyer is "the most acurate characterization of [the Association's] actions," because PERB generally permits employers to communicate directly with employees, so long as the communication contains neither threat of reprisal or force, nor promise of benefit. During negotiations, an employer is obligated to present factually accurate information and may not engage in conduct to derogate the exclusive representative's authority; p. 4, warning letter; citations.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.03000 – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees

No EERA violation when District distributed flyers to bargaining unit employees which stated that "the District started this process based upon the principles of Interest Based Bargaining" and that the District's flyer is "the most accurate characterization of [the Association's] actions," because PERB generally permits employers to communicate directly with employees, so long as the communication contains neither threat of reprisal or force, nor promise of benefit. During negotiations, an employer is obligated to present factually accurate information and may not engage in conduct to derogate the exclusive representative's authority; p. 4, warning letter; citations.

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

District had no obligation to negotiate its decision to contract out mowing services, even though mowing services had been provided by unit members in the past, because parties' contract permitted contracting out. The District does not lose a contractual right merely because it failed to previously exercise it; p. 2, dismissal letter; citation.

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

District had no obligation to negotiate its decision to contract out mowing services, even though mowing services had been provided by unit members in the past, because parties' contract permitted contracting out. The District does not lose a contractual right merely because it failed to previously exercise it; p. 2, dismissal letter; citation.