Decision 1972E – Temple City Unified School District
LA-CE-4527-E
Decision Date: August 26, 2008
Decision Type: PERB Decision
Description: The charge alleged the District engaged in surface bargaining when it: (1) adopted a modified tentative agreement; (2) refused to implement a salary increase; and (3) reneged on a one-time salary payment.
Disposition: The Board dismissed the charge finding: (1) the adopted tentative agreement was a counter proposal; (2) the District complied with the contract language that required further negotiations over a salary increase; (3) the District did not renege on an offer, rather, it rejected a counter offer for an off-schedule payment.
Perc Vol: 32
Perc Index: 132
Decision Headnotes
605.03000 – Refusal to Execute Agreement
Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified.
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified. District did not renege on off-schedule salary payment offer. Rather, district rejected union's off-schedule payment counter offer.
608.01000 – In General
District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified.
608.03000 – Business Necessity; Emergency Exception
District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified.