Decision 0356H – Regents of the University of California (Statewide University Police Association)
S-CE-6-H; LA-CE-47-H
Decision Date: November 14, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14288
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Evidence raised for the first time on exceptions will not be considered by the Board.
1205.07000 – Restoration of Status Quo
Order roll back of parking fees is issued to date employer ordered increased parking fee to be effective.
1407.01000 – General Principles
Construction of statute by employer is unduly narrow, requires incongruous inference legislature intended same phrase have two different meanings.
101.03000 – NLRA/LMRDA Precedent
Board adopts ALJ reliance on federal labor law precedent holding parking fees for employees are within scope of representation. Board applies federal labor law, not essential to establish that no reasonable alternatives exist to make item within scope of representation (food services and by corollary, parking fees).
602.01000 – In General
University is not in business of providing parking, thus may not unilaterally change "price" of its product, as managerial prerogative.
602.06000 – Change in Past Practice
Employers unilateral establishment of parking fees improper because employer didn't provide employee organization notice and an opportunity to negotiate the discretion.
605.01000 – Outright Refusal to Bargain
Employer's adamant position that it will not agree to any other proposal other than uniform fees for all employees come "perilously close to an admission that UC has not approached negotiations over parking fees . . . with the view of reaching agreement if possible . . ." as contemplated within the requirements of good faith.
606.02000 – Inflexible Position
Employer's adamant position that it will not agree to any other proposal other than uniform fees for all employees come "perilously close to an admission that UC has not approached negotiations over parking fees . . .with the view of reaching agreement if possible . . ." as contemplated within the requirements of good faith.
608.05000 – Past Practice; Maintenance of Status Quo
Employers past practice of setting parking fees so unfettered as to render it completely within its discretion, thereby denying employee organization knowledge what practice is, does not constitute defense of past practice to unilateral establishment of such fee.
1000.02097 – Parking Fees
Parking fees for university employees is within scope of representation. Provision under HEERA exempting fees from negotiations, because fees not conditions of employment, does not exempt parking fees.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Burden of proof of affirmative defense of past practice rest with the respondent.
1107.18000 – Review of Findings Not Excepted To
Evidence raised for the first time on exceptions will not be considered by the Board.
1107.06000 – De Novo Review; Standard of Review by Board
Evidence raised for the first time on exceptions will not be considered by the Board.