Decision 1633E – Fullerton Joint Union School District
LA-CE-4538-E
Decision Date: May 19, 2004
Decision Type: PERB Decision
Description: Union alleged that district violated EERA by unilaterally changing work schedules of custodians. Board found that charge established prima facie case. Dismissal reversed.
Disposition: Board reversed dismissal and remanded for issuance of complaint.
Perc Vol: 28
Perc Index: 155
Decision Headnotes
602.03000 – Change In Policy
Union alleged that District unlawfully changed employee work schedules. District defended action as permitted by contract. Board held that contract language not clear and unambiguous, but reasonably susceptible to union’s interpretation. Thus, union established prima facie case and complaint should issue.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union alleged that District unlawfully changed employee work schedules. District defended action as permitted by contract. Board held that contract language not clear and unambiguous, but reasonably susceptible to union’s interpretation. Thus, union established prima facie case and complaint should issue.