Decision 1633E – Fullerton Joint Union School District

LA-CE-4538-E

Decision Date: May 19, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 155

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

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