Decision 1501E – Los Angeles Unified School District
LA-CE-4181-E
Decision Date: October 31, 2002
Decision Type: PERB Decision
Description: The Board found that the District violated EERA by unilaterally changing its past practice on use of District-owned vehicles without providing union an opportunity to bargain. There was a dissent.
Disposition: Violation found. The District’s past practice was unequivocal, clearly enunciated and acted upon and readily ascertainable for a reasonable period of time. The Association did not waive its right to bargain. Accordingly, the District violated EERA by unilaterally rescinding its practice.
Perc Vol: 27
Perc Index: 4
Decision Headnotes
602.06000 – Change in Past Practice
For at least 14 years, District’s past practice was to allow police detectives to use District-owned vehicles to commute to and from home. The practice was unequivocal, clearly enunciated and acted upon and readily ascertainable for a reasonable period of time. Accordingly, the District’s practice constituted an enforceable past practice and District violated its duty to bargain by unilaterally changing its practice.
608.06000 – Management-Rights Clause; Management Prerogative
Any waiver of an exclusive representative’s right to bargain must be “clear and unmistakable.” Management-Rights clause in contract was ambiguous, and therefore, cannot constitute a “clear and unmistakable” waiver.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Any waiver of an exclusive representative’s right to bargain must be “clear and unmistakable.” Management-Rights clause in contract was ambiguous, and therefore, cannot constitute a “clear and unmistakable” waiver. Union did not waive its right to bargain by making its request to negotiate to the District’s police chief instead of directing request to the District’s Office of Staff Relations. Although past practice was to direct requests to negotiate to the District’s Office of Staff Relations, the contract was silent on the issue. Since police chief was the one who informed the union of the impending change, it was reasonable for the union to direct its request to him. Union did not acquiesce to District’s change in practice. Although union failed to file an unfair practice charge, union attacked the District’s action at various levels of the District’s hierarchy and temporarily succeeded.
1000.02150 – Use of State Vehicle
An employee’s use of an employer’s vehicle for commuting to and from home is a mandatory subject of bargaining. Evidence does not support the District’s argument that the subject was a managerial prerogative.
1000.02151 – Use of District Facilities, Equipment
An employee’s use of an employer’s vehicle for commuting to and from home is a mandatory subject of bargaining.
1102.01000 – Pre-Arbitration
Deferral inappropriate because conduct is not even arguably prohibited by contract. After a proposed decision and appeal to the Board, deferral would not likely be in the best interests of the parties or effective administration of EERA.