PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Single Topic for Decision 2105H
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102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB is prohibited from enforcement of agreements between the parties and may only issue a complaint where the breach of the agreement also constitutes an unfair practice violation. In order to constitute an unfair practice violation, the conduct must amount to a change in policy. Where University alleged the union violated the campus access policy by leafleting in prohibited areas, but no facts are alleged to demonstrate more than an isolated breach of the CBA, the charge failed to establish a prima facie case for a unilateral change violation.