Decision 1960M – South Placer Fire Protection District
SA-CE-380-M
Decision Date: June 10, 2008
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 96
Decision Headnotes
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.
608.06000 – 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.
608.07000 – 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.
1000.02147 – 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.
1101.01000 – 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.
1101.03000 – 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.