Decision 0359H – Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *

SF-CE-57-H

Decision Date: November 23, 1983

Decision Type: PERB Decision

 * * * VACATED by Cole Letter of October 29, 1986 * * *

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Perc Vol: 7
Perc Index: 14293

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Discussions which follow policy change, where no recision or abeyance of change does not mitigate unilateral change violation. Vacated by Cole letter of 10/29/86.

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

Evidence insufficient to establish past practice. PD adopted by Board. Vacated by Cole letter of 10/29/86.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.02000 – With Nonexclusive Representatives

University under obligation to meet and discuss change in policy on limit of hire of lecturers. Vacated by Cole letter of 10/29/86.

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

Past practice not shown to authorize employer's unilateral change in limit on rehire of lecturer. Vacated by Cole letter of 10/29/86.

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

Restoration of status quo ordered where University unilaterally reduced rehire period for lecturers to four from eight years. Imposition of status quo applies to all members of the unit impacted by the unlawful unilateral change, not just to members of nonexclusive representative. Effective date of unilateral change is date cited by employer as effective date of policy change is used to establish beneficiary date in order. Vacated by Cole letter of 10/29/86.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.06000 – Nonexclusive Representatives

Non-exclusive representative entitled to meet and discuss University's change in reemployment rights of lecturers. Vacated by Cole letter of 10/29/86.

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

Employer's unilateral elimination of use of lecturers for up to eight years, without notice to or opportunity for non-exclusive representative, is violation of duty to bargain. Vacated by Cole letter of 10/29/86.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)

Employer's unilateral elimination of use of lecturers for up to eight years, without notice to or opportunity for non-exclusive representative, is violation of duty to bargain. Conjecture or rumor is not adequate substitute for employer's formal notice to union of a vital change in wording conditions. Articles in union paper referring to possible future changes in guidelines, union's denial of notice, testimony of employer's witnesses likely to give notice, that they did not, and employer representatives failure to even know of policy change, justify conclusion that employer did not give adequate notice to employee organization. Authorization to grandfather existing lecturers decreed by employer's fiat, does not disturb or mitigate an unfair practice charge. Discussions which follow policy change, where no recision of change does not mitigate unilateral change violation. Vacated by Cole letter Discussions which follow policy change, where no recision of change does not mitigate unilateral change violation. Vacated by Cole letter

1000.00000 – SCOPE OF REPRESENTATION
1000.02019 – Classification of Employees

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02075 – Job Title

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02100 – Past Practices

Evidence insufficient to establish past practice of use of four year rule as limit on use of lecturer series. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02113 – Reclassification of Positions

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02114 – Reduced Workload

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02116 – Re-employment Rights

Change in classification of lecturers and limit on rehire is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02158 – Working Conditions

Four year limit on hire of university lecturers is within scope. Vacated by Cole letter of 10/29/86.

1000.00000 – SCOPE OF REPRESENTATION
1000.02162 – Temporary/Short-term Employees

Conditions of employment for non-tenured lectures is within scope. Vacated by Cole letter of 10/29/86.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Statute does not commence where employee organization does not have notice of policy change. Vacated by Cole letter of 10/29/86.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.11000 – Books and Records; Inspection; Documentary Evidence; Tape Recordings; Best Evidence

Nunc pro tunc order receiving document into evidence proper where document identified by maker and ALJ inadvertently failed to officially receive document into evidence. Vacated by Cole letter of 10/29/86.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.04000 – Restoration of Benefits

Restoration of employment rights where unilateral limit on rehires ordered. Vacated by Cole letter of 10/29/86.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

System-wide order against University proper where policy change was system-wide. Vacated by Cole letter of 10/29/86.