Decision 0722H – Regents of the University of California (California Nurses Association)
Decision Date: March 3, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20059
602.01000 – In General
A unilateral reassignment of unit employees to non-unit positions is a refusal to meet and confer; p. 10.
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.
1103.12000 – 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.
1310.01000 – 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.
1503.02000 – 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.
608.04000 – 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.