Decision 2326E – Los Angeles Unified School District

LA-CE-5419-E

Decision Date: September 20, 2013

Decision Type: PERB Decision

Description: The complaint alleged that the Los Angeles Unified School District violated the EERA by failing and refusing to bargain and by failing and refusing to participate in impasse procedures in good faith by insisting to impasse on a discretionary bargaining proposal.

Disposition: *JUDICIAL APPEAL PENDING.  The Board vacated the proposed decision of the administrative law judge and remanded the matter for further proceedings in accordance with the Board’s decision, which held that the Los Angeles Unified School District had the right to insist on the discretionary bargaining proposal to impasse but not to impose it upon impasse.

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Perc Vol: 38
Perc Index: 45

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Adopting the rule set forth in McClatchy Newspaper (1996) 321 NLRB 1386, the Board held that the school district may insist to impasse, in negotiations over a successor collective bargaining agreement, on a bargaining proposal by which it seeks to retain unfettered discretion over decisions to reduce employees’ hours or work year, both mandatory subjects of bargaining; upon reaching impasse, however, the school district may not impose such a proposal as part of its last, best and final offer.

1000.00000 – SCOPE OF REPRESENTATION
1000.02165 – Statutory Rights

Adopting the rule set forth in McClatchy Newspaper (1996) 321 NLRB 1386, the Board held that the school district may insist to impasse, in negotiations over a successor collective bargaining agreement, on a bargaining proposal by which it seeks to retain unfettered discretion over decisions to reduce employees’ hours or work year, both mandatory subjects of bargaining; upon reaching impasse, however, the school district may not impose such a proposal as part of its last, best and final offer.