Decision 1822E – Santee Elementary School District
LA-CE-4268-E
Decision Date: February 22, 2006
Decision Type: PERB Decision
Description: The unfair practice charge alleged that the district unilaterally changed its policy pertaining to concerted activities and adopted regulations to implement the policy without giving the union prior notice or opportunity to bargain.
Disposition: The Board found that the union made a reasoned decision not to demand to bargain the adoption of the district’s board policy; therefore the union waived the right to negotiate. However, the union did not waive the right to bargain the impacts of the policy. In addition, two unalleged interference violations were found.
Perc Vol: 30
Perc Index: 72
Decision Headnotes
400.01000 – In General; Standards
Two unalleged violations of interference found. The language of the Board Policy, “or other strike related activities” interferes with employee rights because of its ambiguity, the possibility of a broad interpretation in the future, and its chilling effect on employees’ protected rights. The language of the administrative regulation which threatens to eliminate employee payroll deduction privileges per se interferes with employees’ rights under EERA unalleged violations may be found if intimately related to complaint, part of respondent’s same conduct, fully litigated at hearing with respondent having opportunity to examine and cross examine witnesses.
406.01000 – In General
Threatening discipline for engaging in “other such strike-related type activities” is interference because of its ambiguity, possibility of broad interpretation in the future and its resulting chilling effect on employee protected rights.
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
The defense of retraction not available based on prospective disavowals of unlawful conduct. A opportunity to demand to bargain does not ameliorate an interference claim. Statement of rights language does not disclaim unlawful portion of AR.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain.
601.03000 – Decision vs Effects Bargaining
An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP.
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain. An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain. An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP.
1103.01000 – In General
Unnecessary to amend the complaint because initial complaint already covers the District’s failure to engage in effects bargaining.
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
Unnecessary to amend the complaint because initial complaint already covers the District’s failure to engage in effects bargaining.
1105.02000 – Background Evidence and Matters Not Alleged
Two unalleged violations of interference found. The language of the Board Policy, “or other strike related activities” interferes with employee rights because of its ambiguity, the possibility of a broad interpretation in the future, and its chilling effect on employees’ protected rights. The language of the administrative regulation which threatens to eliminate employee payroll deduction privileges per se interferes with employees’ rights under EERA unalleged violations may be found if intimately related to complaint, part of respondent’s same conduct, fully litigated at hearing with respondent having opportunity to examine and cross examine witnesses.
1107.04000 – Unalleged Violations
Two unalleged violations of interference found. The language of the Board Policy, “or other strike related activities” interferes with employee rights because of its ambiguity, the possibility of a broad interpretation in the future, and its chilling effect on employees’ protected rights. The language of the administrative regulation which threatens to eliminate employee payroll deduction privileges per se interferes with employees’ rights under EERA unalleged violations may be found if intimately related to complaint, part of respondent’s same conduct, fully litigated at hearing with respondent having opportunity to examine and cross examine witnesses.
1402.04000 – By Acquiescence/Conduct
A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain. An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP.
1402.05000 – By Delaying or Failing to Request Negotiations
A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain. An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP.