Decision 0771H – Regents of the UC (UC-American Federation of Teachers)

LA-CE-180-H

Decision Date: September 28, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20209

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

Employer's unilateral change in the terms and conditions of employment within the scope of representation is, absent a valid defense, a per se refusal to negotiate; p. 46, proposed dec.

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

Established policy relating to terms and conditions of employment may be embodied in a collective bargaining agreement, or where the contract is silent or ambiguous, it may be determined from past practice or bargaining history; p. 47, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

No refusal to bargain in good faith where employer set courseload level at maximum allowed by the contract and set course load on a campus-wide basis; contract authorized University's actions; p. 51, proposed dec. No refusal to bargain in good faith where employer determined course equivalency standard for freshman writing courses on a campus-wide basis pursuant to plain language of the contract; p. 6.