Decision 1287E – Antelope Valley Union High School District

LA-CE-3821

Decision Date: September 25, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29168

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

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.

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

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

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

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

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.

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

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.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.12000 – Good Faith; DeMinimus; Temporary Change

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.