Decision 2055M – Metropolitan Water District of Southern California
LA-CE-466-M
Decision Date: August 26, 2009
Decision Type: PERB Decision
Description: The Association alleged that the District refused to bargain over implementation of a new long-term vehicle assignment policy.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board found the Association had waived its right to bargain by not requesting to meet and confer over the decision to adopt the new policy or its effects during the five months between the Association’s receipt of notice of the policy and the District governing board’s adoption of the policy.
Perc Vol: 33
Perc Index: 144
Decision Headnotes
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.
602.02000 – Prior Notice and Opportunity to Bargain
Once an employer gives appropriate notice of a proposed change, it is not required to invite bargaining.
605.01000 – 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.
608.07000 – 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.
1000.02153 – 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.
1100.01000 – 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.
1100.02000 – 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.
1402.05000 – 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.