Decision 1729E – Berkeley Unified School District
Decision Date: December 21, 2004
Decision Type: PERB Decision
Description: Union alleged employer refusal to bargain in good faith on health care benefit.
Disposition: Board found waiver of right to bargain health care benefit increase due to language of management rights clause in collective bargaining agreement.
Perc Vol: 29
Perc Index: 45
608.01000 – In General
Board found specific language in collective bargaining agreement did constitute waiver by union to bargain over health benefit increase. Clearly stated that if contract expired District would no longer cover increases in health care benefits.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Collective bargaining agreement language was waiver of right to bargain increases in health care. Benefit payments.
1100.08000 – Pleading Requirements
Charging party did not present a clear and concise statement of facts in the charge to indicate whether the District was responsible for the increase in copayments for medical services. Because of lack of details, charge dismissed.