Decision 1189H – Regents of the University of California (Woods, et al.)
LA-CE-449-H
Decision Date: March 19, 1997
Decision Type: PERB Decision
Description: Employees appealed dismissal of their charge that UC failed to negotiate in good faith.
Disposition: Dismissed. UC decision to lay off employees is not within scope of representation.
Perc Vol: 21
Perc Index: 28066
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.
1000.02076 – Lay-Offs
Decision to lay off is a matter of fundamental managerial concern and is within the University's discretionary prerogative; p. 3, warning letter.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.
602.04000 – Time of Implementation
No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.
607.02000 – With Nonexclusive Representatives
University must notify individual employees of proposed changes in employment conditions and, if the employee so desires, to meet and discuss the changes with the nonexclusive representative; p. 2, warning letter. Refusal to meet and discuss with a non-exclusive representative is violation of HEERA section 3571(a) (citation); p. 2, fn. 2.
608.01000 – In General
No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.
1107.06000 – De Novo Review; Standard of Review by Board
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.
1107.20000 – Other
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.
1503.03000 – Regulations Considered (By Number) (Continued)
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.