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

Single Topic for Decision 2398H


View all topics for Decision 2398H

Full Decision Text (click on the link to view): Full Text

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

The employer’s appointment practices at UCLA School of Law repudiated the terms of the MOU as embodied in the Switkes Letter. The employer imposed its own reading of the Switkes Letter on its appointment process by appointing adjuncts to perform the work reserved to lecturers, and by not requiring adjuncts to engage in research and service in addition to what they did to qualify for the adjunct appointment in the first place. The employer ignored the clear requirement that the adjunct assignment should not be used for teaching-only assignments, and instead used the adjunct assignment as a status designation for those applicants it believed were the most distinguished. By not requiring adjuncts to engage in research and service in addition to what they did to qualify for the adjunct appointment in the first place, the employer ignored the clear requirement in a mutually negotiated letter-agreement that the adjunct assignment should not be used for teaching-only assignments.