Decision 0640H – Regents of the University of California
SF-CE-200-H
Decision Date: December 10, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19007
Decision Headnotes
401.10000 – Released Time
No denial of reasonable release time where employer released union's negotiating team for all negotiations sessions plus reasonable travel time.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Reorganization plan would have been developed and implemented even in absence of protected activity by lecturers; no proof chief negotiator ostracized or that her job title changed in retaliation.
504.04000 – Timing of Action
Timing alone insufficient.
505.11000 – Legitimate Business Purpose/Business Necessity
Reorganization plan developed and implemented for academic reasons, not due to protected activity of lecturers.
1000.02035 – District Merger, Unification, Reorganization, Etc.
Only effects of academic reorganization are negotiable.
1000.02117 – Released Time
Coverage of classes during released time not negotiable.
1000.02146 – Transfer of Employee(s)
Decision to transfer courses to another department nonnegotiable; effects, including transfer of lecturers, negotiable.
601.03000 – Decision vs Effects Bargaining
Duty to bargain effects arises as soon as firm decision made; while abandonment of proposal extinguishes further duty to bargain effects, it does not excuse failure to bargain prior to abandonment; preliminary steps toward implementation prior to bargaining effects unlawful; not unlawful to implement those aspects of non-negotiable reorganization plan where no foreseeable negotiable effects of implemented aspects and where those aspects independent of aspects with negotiable effects.
602.02000 – Prior Notice and Opportunity to Bargain
Demand need not be specific or made in a particular form.
608.06000 – Management-Rights Clause; Management Prerogative
Decision to transfer courses to another department nonegotiable; effects, including transfer of lecturers, negotiable; not unlawful to implement those aspects of non-negotiable reorganization plan where no foreseeable negotiable effects of implemented aspects and where those aspects independent of aspects with negotiable effects.
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Unalleged violation may not be entertained when conduct occurred more than 6 months prior to filing of original charge.
1105.01000 – In General
Newly-discovered evidence standard stated in Reg. 32410 applies also to evidence offered for first time on appeal; standard not met.
1105.16000 – Adverse Inferences
ALJ properly drew adverse inference from failure to comply with order to produce; where party refuses to comply with order to produce, it may be prevented from presenting evidence on the subject of the unproduced evidence.
1107.04000 – Unalleged Violations
Unalleged violation may not be entertained when conduct occurred more than 6 months prior to filing of original charge.
1503.02000 – Regulations Considered (By Number)
32300(b) Standard stated in Reg. 32410 applies also to evidence offered for first time on appeal; standard not met. 32410 Standard stated in Reg. 32410 applies also to evidence offered for first time on appeal; standard not met.