Decision 1471E – State Center Community College District

SA-CE-1908-E

Decision Date: December 12, 2001

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33027

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

District violated union's right to bargaining unit members' home telephone numbers by its refusal to provide such information based upon a form limited to informing the District of the employee's desire regarding withholding their home information from the District's printed home directory.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Past practice not relevant in context of denial of statutory right to necessary and relevant information.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

General form stating an employee's choice to exclude his or her telephone number from the District's home directory insufficient expression under settlement agreement to provide union waiver of access to home telephone numbers. Exclusive right to "determine the impacts and effects of matters outside the scope of representation as permitted by the [EERA]" insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 18, proposed dec. Right to take "any action" to run the District efficiently insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 20, proposed dec.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Refusal to provide home telephone numbers of unit members constituted a violation of union's right to the telephone numbers, therefore as the charge was filed within six-months of denial of a request for the home telephone numbers, the charge is timely; p. 14, proposed dec.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

General form stating an employee's choice to exclude his or her telephone number from the District's home directory insufficient expression under settlement agreement to provide union waiver of access to home telephone numbers. Exclusive right to "determine the impacts and effects of matters outside the scope of representation as permitted by the [EERA]" insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 18, proposed dec. Right to take "any action" to run the District efficiently insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 20, proposed dec.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

No collateral estoppel as settlement of previous unfair practice charge did not provide basis for District to withhold employee home telephone numbers from union on the basis of a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication.