Decision 1414E – Golden Plains Unified School District
SA-CE-1916-E
Decision Date: October 26, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer violated the EERA when it failed to negotiate the adoption of a board policy pertaining to termination of any bus driver employee who failed to pass a re- certification test.
Disposition: Dismissed. There was no unilateral change because the employee organization failed to establish the existence of a past practice of accommodating bus driver employees who failed to pass a re-certification test.
Perc Vol: 25
Perc Index: 32009
Decision Headnotes
602.06000 – Change in Past Practice
An evaluation of the employer's "regular and consistent past patterns of changes" found that no past practice of post-revocation accommodation had been established. There was no "status quo" for the District to have unilaterally modified, and there was no support to the allegation that EERA section 3543.5(c) had been violated; pp. 10-13, proposed dec.
608.05000 – Past Practice; Maintenance of Status Quo
An evaluation of the employer's "regular and consistent past patterns of changes" found that no past practice of post-revocation accommodation had been established. There was no "status quo" for the District to have unilaterally modified, and there was no support to the allegation that EERA section 3543.5(c) had been violated; pp. 10-13, proposed dec.