Decision 1759E – Stockton Unified School District

SA-CE-2206-E

Decision Date: March 28, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 104

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Even if the district had limited its past application of the contract, it still maintains the right to adhere to and enforce the contractual language of the CBA. (Marysville Joint Unified School District (1983) PERB Decision No. 314.) Notwithstanding any past practice, the district was within its rights to transfer the employee involuntarily provided that it complied with the contract; p. 4.

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

In the absence of a clear and concise statement of facts showing a District past practice of always granting release time requests, Board is inclined to give more weight to District’s evidence.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

In the absence of a clear and concise statement of facts showing a District past practice of always granting release time requests, Board is inclined to give more weight to District’s evidence.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

In the absence of a clear and concise statement of facts showing a District past practice of always granting release time requests, Board is inclined to give more weight to District’s evidence.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Regulation 32130(c) granted the charging party a five-day extension of time to file its appeal because the dismissal of the charge was served by mail; p. 2.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Regulation 32130(c) granted the charging party a five-day extension of time to file its appeal because the dismissal of the charge was served by mail; p. 2.