Decision 1320E – Ocean View School District
LA-CE-3993
Decision Date: March 22, 1999
Decision Type: PERB Decision
Description: Union appealed Board agent’s partial dismissal of unfair practice charge against the District alleging that the District violated EERA when it unilaterally transferred bargaining unit work to an outside company.
Disposition: Affirmed partial dismissal. Board agreed CBA permitted District’s contracting out.
Perc Vol: 23
Perc Index: 30080
Decision Headnotes
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Under Education Code section 38020, a school district may lawfully contract out transportation services subject to its good faith bargaining obligation under EERA; p. 3, warning letter. Contract language permitting a school district to contract out work which may be lawfully contracted for is a clear and unmistakable waiver of the right to bargain over contracts for transportation services; p. 3, warning letter.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contract language permitting a school district to contract out work which may be lawfully contracted for is a clear and unmistakable waiver of the right to bargain over contracts for transportation services; p. 3, warning letter.
1000.02026 – Contracting Out
Under Education Code section 38020, a school district may lawfully contract out transportation services subject to its good faith bargaining obligation under EERA; p. 3, warning letter. School District's contract with parent-owned company to provide transportation services (with parent volunteers driving) previously performed by District employees properly analyzed as contracting out rather than transfer of bargaining unit work; p. 2, dismissal letter.
1000.02147 – Transfer of Work Out of Unit
School District's contract with parent-owned company to provide transportation services (with parent volunteers driving) previously performed by District employees properly analyzed as contracting out rather than transfer of bargaining unit work; p. 2, dismissal letter.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract language permitting a school district to contract out work which may be lawfully contracted for is a clear and unmistakable waiver of the right to bargain over contracts for transportation services; p. 3, warning letter.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Under Education Code section 38020, a school district may lawfully contract out transportation services subject to its good faith bargaining obligation under EERA; p. 3, warning letter.