Decision 1294E – Kern High School District

LA-CE-3911

Decision Date: October 22, 1998

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30008

Decision Headnotes

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

Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.

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

Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

An employee who does not request a discontinuation of dues deduction during the statutory 30-day period following the expiration of the agreement, but requests it before and after the thirty-day post- contract period, does not demonstrate a prima facie case of a violation of section 3540.1(i)(1); p. 3, partial warning letter; p. 2, partial dismissal letter.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.04000 – Employer Liability

Employer does not violate EERA by agreeing to maintenance of membership arrangement which provides for window period for discontinuance in addition to the statutory 30-day post-contract window; contract and statute are harmonized to provide an enlarged period of time during which an employee may discontinue membership; p. 3, partial warning letter; p. 2, partial dismissal letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.12000 – Interlocutory Appeal

PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.