Decision 2055M – Metropolitan Water District of Southern California

LA-CE-466-M

Decision Date: August 26, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 144

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

When an employer’s notice of a proposed change provides sufficient information from which the union can determine the foreseeable effects of the change, the union’s failure to demand to bargain over those effects within a reasonable time waives its right to bargain over effects of the change.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Once an employer gives appropriate notice of a proposed change, it is not required to invite bargaining.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

Employer’s refusal to bargain over implementation of long-term vehicle assignment policy more than one year after its governing board adopted the policy was not unlawful. Union waived its right to bargain by not requesting to meet and confer over the policy or its effects during the five months between the union’s receipt of notice of the policy and the governing board’s adoption of the policy.

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

Union waived its right to bargain by not requesting to meet and confer over a new long-term vehicle assignment policy or its effects during the five months between the union’s receipt of notice of the policy and the governing board’s adoption of the policy.

1000.00000 – SCOPE OF REPRESENTATION
1000.02153 – Vehicle Unavailability

Policies allowing employees to use employer-owned vehicle to commute to and from work fall within the scope of representation because the savings employees realize from not commuting in their own vehicles is a part of their compensation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

PERB must dismiss a charge when the respondent can establish an affirmative defense as a matter of law based on undisputed facts.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

PERB must dismiss a charge when the respondent can establish an affirmative defense as a matter of law based on undisputed facts.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

Union waived its right to bargain by not requesting to meet and confer over a new long-term vehicle assignment policy or its effects during the five months between the union’s receipt of notice of the policy and the governing board’s adoption of the policy.