Decision 1960M – South Placer Fire Protection District

SA-CE-380-M

Decision Date: June 10, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 96

Decision Headnotes

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

Unilateral removal of a classification and its accompanying work from the bargaining unit during the term of the collective bargaining agreement is a per se violation of the duty to meet and confer in good faith. The District committed a per se violation of the duty to meet and confer in good faith by unilaterally removing the Fire Marshall classification, and its accompanying work, from the bargaining unit without providing the Union an opportunity to meet and confer over the reclassification.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

General management rights language in Employer-Employee Relations Resolution did not give the District the right to unilaterally remove the Fire Marshall classification from the bargaining unit.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Union never agreed to remove Fire Marshall classification from the bargaining unit and therefore did not waive its right to bring an unfair practice charge alleging that the reclassification constituted an unlawful unilateral change.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

Removing a classification from the bargaining unit is a transfer of unit work that falls within the scope of representation under the MMBA.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

In unilateral change case, statute of limitations begins to run when charging party has actual or constructive knowledge of respondent’s clear intent to implement the change. District’s position during negotiations that Fire Marshall classification was no longer in the bargaining unit was insufficient to give the Union notice of the District’s clear intent to reclassify the position. Union did not have notice of clear intent until the District’s Board of Directors approved the reclassification. Charge was timely filed within six months after the District Board’s action.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

In unilateral change case, statute of limitations begins to run when charging party has actual or constructive knowledge of respondent’s clear intent to implement the change. District’s position during negotiations that Fire Marshall classification was no longer in the bargaining unit was insufficient to give the Union notice of the District’s clear intent to reclassify the position. Union did not have notice of clear intent until the District’s Board of Directors approved the reclassification. Charge was timely filed within six months after the District Board’s action.