Decision 1287E – Antelope Valley Union High School District

Deferral to arbitration is inappropriate where CBA grants standing to grieve only for violations of rights specifically granted to the union by an "express provision of this agreement" and case does not involve such rights; p. 13, proposed dec. Arbitration clause did not survive the expiration of the CBA since case was not dispute that: (1) involved facts and occurrences that arose before the expiration; (2) involved post-expiration conduct that infringed on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, would survive expiration of the agreement; p. 13, proposed dec.

While certain terms and conditions of employment survive expiration of the contract, a waiver of the statutory right to bargain does not remain in effect.

Although district was correct that arbitration clause did not survive expiration of the CBA, district's erroneous view of law that grievance procedures did not survive expiration of agreement was not linked to a changed policy; evidence was only of isolated incidents which did not reach to the level of unilateral change; pp. 15-16, proposed dec. No unilateral change was proven with regard to action found to be an isolated breach of the CBA established disciplinary procedures; p. 15, proposed dec.

While certain terms and conditions of employment survive expiration of the contract, a waiver of the statutory right to bargain does not remain in effect. Broadly worded contract clause concerning selection and promotion of employees allows district to change its promotional interview policy.

Broadly worded contract clause concerning selection and promotion of employees allows district to change its promotional interview policy.

Deferral to arbitration is inappropriate where CBA grants standing to grieve only for violations of rights specifically granted to the union by an "express provision of this agreement" and case does not involve such rights; p. 13, proposed dec. Arbitration clause did not survive the expiration of the CBA since case was not dispute that: (1) involved facts and occurrences that arose before the expiration; (2) involved post-expiration conduct that infringed on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, would survive expiration of the agreement; p. 13, proposed dec.

While certain terms and conditions of employment survive expiration of the contract, a waiver of the statutory right to bargain does not remain in effect.

The Board follows the guidance contained in the California Civil Code sections 1638 [the language of a contract is to be given its interpretation, if the language is clear and explicit and does not involve an absurdity] and 1641 [the whole of a contract is to be taken together, so as to give effect to every part, if reasonably practical, each clause helping to interpret the other] in assessing whether the CBA has been breached in unilateral change cases; pp. 5-6. In order to give meaning to the language of a particular CBA section, it must be interpreted as giving the district the right to make the change complained of or be rendered meaningless and ineffective; p. 7. Broadly worded contract clause concerning selection and promotion of employees allows district to change its promotional interview policy.

Although district was correct that arbitration clause did not survive expiration of the CBA, district's erroneous view of law that grievance procedures did not survive expiration of agreement was not linked to a change policy; evidence was only of isolated incidents which did not reach to the level of unilateral change. No unilateral change was proven with regard to action found to be an isolated breach of the CBA established disciplinary procedures; p. 15, proposed dec.