Decision 1320E – Ocean View School District

LA-CE-3993

Decision Date: March 22, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30080

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.