Decision 0353H – Regents of the University of California
SF-CE-80-H
Decision Date: October 27, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14280
Decision Headnotes
1000.02019 – Classification of Employees
Reclassification of gardeners and of food service workers within scope of representation.
1000.02113 – Reclassification of Positions
Reclassification of gardeners and of food service workers and elimination of pay differentials in scope.
1100.04000 – Amendments
Elimination of pay differential is not continuing violation.
400.01000 – In General; Standards
Employer's unilateral reclassification of gardeners during organizing effort of CSEA, which may have caused some employees to view union as impotent and unreliable, does not constitute harm to employee rights. Employee rights are not harmed because employer chose not to accept union proposal.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Nonexclusive representative and employees entitled to notice and opportunity to discuss elimination of pay differential for food workers. Employer's failure to provide either is violation of duty. Employer's good faith no defense to unilateral change complaint.
602.02000 – Prior Notice and Opportunity to Bargain
Nonexclusive representative and employees entitled to notice and opportunity to discuss elimination of pay differential for food workers. Employer's failure to provide either is violation of duty. Employer's good faith no defense to unilateral change complaint.
602.04000 – Time of Implementation
Elimination of pay differential is not continuing violation.
1101.06000 – Statutory and Equitable Tolling
Equitable Tolling. Employee organizations efforts to upgrade gardener B classification in response to employers upgrade of gardener A to B does not put employer on notice to preserve evidence, hence does not toll statute of limitations on employers action with regard to gardener A. Tolling not obtained with cause of action is different. Pursuit of reclassification of gardener B is different that complaint of unilateral change is classificaiton of gardener A. But see UC-AFT Decision No. 826-H