Decision 2378E – Centinela Valley Union High School District

LA-CE-5606-E

Decision Date: June 17, 2014

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 7

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Education Code section 44987 does not set an inflexible standard or insure immutable provisions which preclude negotiability over the subject. A unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the exclusive representative the opportunity to bargain is conduct that falls squarely within PERB’s jurisdiction.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

A unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the exclusive representative the opportunity to bargain is conduct that falls squarely within PERB’s jurisdiction.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Employee release time pertains to a matter within the scope of representation; therefore release time for elected union officials is negotiable.