Decision 1440E – Lucia Mar Unified School District

LA-CE-4194-E

Decision Date: May 24, 2001

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 25
Perc Index: 32073

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

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.

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

1000.00000 – SCOPE OF REPRESENTATION
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.