Decision 2290E – Inglewood Unified School District
LA-CO-1491-E
Decision Date: October 29, 2012
Decision Type: PERB Decision
Description: The charge alleged that the Inglewood Teachers Association violated its duty to bargain under EERA by refusing to engage in reopener negotiations.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie violation of the duty to bargain.
Perc Vol: 37
Perc Index: 96
Decision Headnotes
804.01000 – In General
Charge failed to allege a prima facie violation of the duty to bargain over reopener proposal, where contractual zipper clause barred negotiations unless one of two exceptions applied and employer failed to reopen agreement in a timely fashion. Document entitled “Proposal for a Side Letter Agreement” submitted in context of meetings over fiscal crisis did not constitute a valid demand to bargain, did not create a bargaining obligation, and did not constitute timely reopener demand, and untimely bargaining request did not “relate back” to proposal.
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Charge failed to allege a prima facie violation of the duty to bargain over reopener proposal, where contractual zipper clause barred negotiations unless one of two exceptions applied and employer failed to reopen agreement in a timely fashion. Document entitled “Proposal for a Side Letter Agreement” submitted in context of meetings over fiscal crisis did not constitute a valid demand to bargain, did not create a bargaining obligation, and did not constitute timely reopener demand, and untimely bargaining request did not “relate back” to proposal.