Decision 1440E – Lucia Mar Unified School District
LA-CE-4194-E
Decision Date: May 24, 2001
Decision Type: PERB Decision
Description: The Board found that the employer violated EERA by contracting out entire bus services programs without negotiating.
Disposition: Violation. The employer violated EERA by contracting out its entire bus services program without negotiating.
Perc Vol: 25
Perc Index: 32073
Decision Headnotes
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
No Education code supersession because language on contracting out is permissive not mandatory.
602.01000 – In General
Unilateral change found where school employer unlawfully failed to negotiate over its decision to replace its transportation employees with those of contractor, where district kept same basic transportation system in place and offered same basic transportation services to students of district. No need to apply further test about labor costs to determine decision is negotiable.
608.03000 – Business Necessity; Emergency Exception
Employer must demonstrate that the necessity is the unavoidable result of a sudden change in circumstances beyond the employer's control in order to justify unilateral action. The timing of emergency must preclude opportunity for negotiation and there must be no alternative.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union did not waive its right to negotiate district's decision either by management rights clause because no evidence issue explored and consciously yielded or by failing to pursue bargaining rights while participating in consultative committee process because it also demanded to bargain.
1000.02026 – Contracting Out
Unilateral change found where school employer unlawfully failed to negotiate over its decision to replace its transportation employees with those of contractor, where district kept same basic transportation system in place and offered same basic transportation services to students of district. No need to apply further test about labor costs to determine decision is negotiable.