Decision 2213E – Palomar Community College District
LA-CE-5226-E
Decision Date: October 27, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Palomar Community College District violated EERA when it unilaterally changed its discipline policy without providing AFT Local 4522 prior notice and opportunity to bargain.
Disposition: The Board upheld the dismissal of the charge, finding that the discipline policy relied upon by the District did not expire when the parties’ collective bargaining agreement was modified.
Perc Vol: 36
Perc Index: 69
Decision Headnotes
602.01000 – In General
A side letter is an agreement between an employer and union that typically: (1) modifies, clarifies or interprets an existing provision in an MOU; or (2) addresses issues of interest to the parties that are not otherwise covered by the MOU. At its most basic, a side letter is a contract between the parties. As such, the duration of such an agreement is dictated by the provisions of the side letter itself (either express or implied) or by the subsequent conduct of the parties. Consequently, absent a provision in an MOU, an agreement between the parties or other evidence demonstrating the parties intended it to expire, a side letter does not automatically expire upon the ratification of a subsequently negotiated MOU.
602.06000 – Change in Past Practice
A side letter is an agreement between an employer and union that typically: (1) modifies, clarifies or interprets an existing provision in an MOU; or (2) addresses issues of interest to the parties that are not otherwise covered by the MOU. At its most basic, a side letter is a contract between the parties. As such, the duration of such an agreement is dictated by the provisions of the side letter itself (either express or implied) or by the subsequent conduct of the parties. Consequently, absent a provision in an MOU, an agreement between the parties or other evidence demonstrating the parties intended it to expire, a side letter does not automatically expire upon the ratification of a subsequently negotiated MOU.