Decision 1471E – State Center Community College District
SA-CE-1908-E
Decision Date: December 12, 2001
Decision Type: PERB Decision
Description: The Board found that the employer violated the EERA by refusing to provide certain requested information to the union. There was a dissent.
Disposition: The Board found that the employers withholding of unit members’ home telephone numbers from the union violated EERA. Expression of a desire to withhold information from a District home directory is insufficient to extinguish the union’s right to the information.
Perc Vol: 26
Perc Index: 33027
Decision Headnotes
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.
608.05000 – Past Practice; Maintenance of Status Quo
Past practice not relevant in context of denial of statutory right to necessary and relevant information.
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.
1101.03000 – 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.
1402.03000 – 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.
1405.01000 – 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.