Headnote for 2398H, 608.06000 - Management-Rights Clause; Management Prerogative - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Management-Rights Clause; Management Prerogative

Single Topic for Decision 2398H

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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

CLARIFIED by Regents of the University of California (2025) PERB Order No. Ad-525-H on other grounds.

The employer’s academic freedom does not permit it to ignore MOU terms regarding classification of bargaining unit members. The Board’s decision does not encroach on the UC’s exercise of its managerial discretion regarding whom to hire into its ranks of instructors.