Decision 0771H – Regents of the University of California (University of California-American Federation of Teachers)
Decision Date: September 28, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20209
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.
602.01000 – 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.
608.07000 – 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.