Decision 1729E – Berkeley Unified School District

SF-CE-2426-E

Decision Date: December 21, 2004

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 29
Perc Index: 45

Decision Headnotes

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

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.