Decision 0722H – Regents of the University of California (California Nurses Association)

SF-CE-247-H

Decision Date: March 3, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20059

Decision Headnotes

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

A unilateral reassignment of unit employees to non-unit positions is a refusal to meet and confer; p. 10.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

A unilateral reassignment of unit employees to non-unit positions is a transfer of unit work and is improper without meeting and conferring prior to reassignment; p. 10.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

A unilateral reassignment of unit employees to non-unit positions is not a derrivative interferance violation based on the finding of a failure to meet and confer; p. 10.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

Unit modification can be only accomplished through PERB's procedures. A "technical refusal to bargain" is not an acceptable means of testing an existing unit; p. 9-10.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32781 - This section does not contemplate the use of "technical refusal to bargain" to secure PERB review of a disputed unit. The employer is obligated to present newly discovered evidence or show special circumstances to modify a PERB determined unit; p. 4.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit

PERB does not recognize the "technical refusal to bargain" as an alternative means of challenging the composition of a certified unit; p. 8-9.