Decision 1863E – El Centro Elementary School District

LA-CE-4859-E

Decision Date: November 13, 2006

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 10

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Retirees, because they are no longer “employees” as defined in EERA section 3541.5(a), are not subject to the protection of EERA.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

A permissive subject is not transformed into a mandatory subject solely on the basis that it is incorporated into a collective bargaining agreement. Accordingly, it is not an unfair practice for an employer to repudiate a contractual provision containing a permissive subject of bargaining because the employer does not have a duty under EERA to negotiate that term.

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

A permissive subject is not transformed into a mandatory subject solely on the basis that it is incorporated into a collective bargaining agreement. Accordingly, it is not an unfair practice for an employer to repudiate a contractual provision containing a permissive subject of bargaining because the employer does not have a duty under EERA to negotiate that term.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

A permissive subject is not transformed into a mandatory subject solely on the basis that it is incorporated into a collective bargaining agreement. Accordingly, it is not an unfair practice for an employer to repudiate a contractual provision containing a permissive subject of bargaining because the employer does not have a duty under EERA to negotiate that term.

1000.00000 – SCOPE OF REPRESENTATION
1000.02121 – Retirement

Retirees, because they are no longer “employees” as defined in EERA section 3541.5(a), are not subject to the protection of EERA. Consequently, medical benefits for these individuals are permissive subjects of bargaining.