Category: California PERB Blog

Los Angeles Unified School District (PERB Dec. No. 1884-E) (Issued January 30, 2007)In this case, a school district refused to bargain over the terms and conditions of employment of several employee classifications in its supervisory unit, which PERB had two years earlier found to be non-management. Los Angeles Unified School District (PERB Dec. No. 1664. The District’s only defense was that PERB’s prior decision was wrong, and that the disputed classifications were in fact managerial. The District characterized its action as a “technical refusal to bargain.”Under NLRA, there is generally no direct judicial review from the Board’s decision as to…

San Diego Unified School District (PERB Dec. No. 1883-E) (Issued January 27, 2007)Ever agree to something you wish you hadn't? In this case PERB addressed the concept of "contract rescission" in collective bargaining. Here, the employer agreed to a contract provision that resulted in far higher cost than the employer anticipated. The employer argued that it would be unconscionable to enforce the contract provision due to its cost. PERB held that a party seeking to rescind a contract must establish the following elements: 1) The party made a material mistake regarding a basic assumption of the contract; 2) The party…