Decision 2227M – County of Ventura (Office of Agricultural Commissioner)

LA-CE-663-M

Decision Date: December 21, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 96

Decision Headnotes

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

Contract language giving employer authority to “relieve employees from duty because of lack of work or for other legitimate reasons” constitutes a clear and unmistakable waiver of the right to negotiate employer’s unilateral reduction in hours.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage.