Decision 1286E – Oak Park Unified School District
LA-CE-3936
Decision Date: September 24, 1998
Decision Type: PERB Decision
Description: Union appealed dismissal of unfair practice charge against the District for engaging in bad faith bargaining.
Disposition: Dismissed. No violation found since information presented by District to employees was factually accurate and not threatening or coercive.
Perc Vol: 22
Perc Index: 29161
Decision Headnotes
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.
603.01000 – 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.
603.03000 – 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.
608.07000 – 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.
1402.03000 – 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.