Decision 1717E – Parlier Unified School District

SA-CE-2243-E

Decision Date: November 30, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 23

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

Board rejected union’s argument that district breach contract policy concerning finality of hearing officer’s decision. Regardless of any ambiguity in the contract language, Education Code section 45113, as it existed at that time, prohibited the district from delegating its authority over disciplinary actions. Thus, by statute, hearing officer’s decision was not final but rather subject to adoption by the district.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Where contract language is ambiguous, to determine whether there is a prima facie case, charging party’s interpretation of the language must be accepted as true where it is reasonable.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Where contract language is ambiguous, to determine whether there is a prima facie case, charging party’s interpretation of the language must be accepted as true where it is reasonable.