Decision 0356H – Regents of the University of California (Statewide University Police Association)

S-CE-6-H; LA-CE-47-H

Decision Date: November 14, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14288

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Evidence raised for the first time on exceptions will not be considered by the Board.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

Order roll back of parking fees is issued to date employer ordered increased parking fee to be effective.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Construction of statute by employer is unduly narrow, requires incongruous inference legislature intended same phrase have two different meanings.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Board adopts ALJ reliance on federal labor law precedent holding parking fees for employees are within scope of representation. Board applies federal labor law, not essential to establish that no reasonable alternatives exist to make item within scope of representation (food services and by corollary, parking fees).

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Evidence raised for the first time on exceptions will not be considered by the Board.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

Burden of proof of affirmative defense of past practice rest with the respondent.

1000.00000 – SCOPE OF REPRESENTATION
1000.02097 – Parking Fees

Parking fees for university employees is within scope of representation. Provision under HEERA exempting fees from negotiations, because fees not conditions of employment, does not exempt parking fees.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Employers past practice of setting parking fees so unfettered as to render it completely within its discretion, thereby denying employee organization knowledge what practice is, does not constitute defense of past practice to unilateral establishment of such fee.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

Employer's adamant position that it will not agree to any other proposal other than uniform fees for all employees come "perilously close to an admission that UC has not approached negotiations over parking fees . . .with the view of reaching agreement if possible . . ." as contemplated within the requirements of good faith.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

Employer's adamant position that it will not agree to any other proposal other than uniform fees for all employees come "perilously close to an admission that UC has not approached negotiations over parking fees . . . with the view of reaching agreement if possible . . ." as contemplated within the requirements of good faith.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Employers unilateral establishment of parking fees improper because employer didn't provide employee organization notice and an opportunity to negotiate the discretion.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

University is not in business of providing parking, thus may not unilaterally change "price" of its product, as managerial prerogative.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Evidence raised for the first time on exceptions will not be considered by the Board.