Decision 0922H – Regents of the University of California (University of California-American Federation of Teachers)
Decision Date: February 7, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23033
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has interpreted section 3563.2(b) as applying to unfair practice settlement agreements as well as to memorandum of understanding; p. 18 Breach of a settlement agreement will constitute an independent violation only where the breach amounts to a change in policy having a generalized effect or continuing impact upon the terms and conditions of employment; p. 18.
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Under EERA, PERB has excluded from the mandatorily bargainable subjects an employer's demand that a union withdraw an unfair practice charge (Lake Elsinore School District (1986) PERB Decision No. 603; pp. 3-4, dec.) Under HEERA, a refusal to withdraw unfair practice charges is not a mandatory subject of bargaining; p. 4, dec.
804.01000 – In General
Rules for evaluating alleged unilateral changes by unions are the same as rules for evaluating alleged unilateral changes by employers; pp. 17-18.
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Breach of an unfair practice settlement agreement, without more does not constitute a failure to negotiate in good faith citing Regents of the University of California (1983) PERB Decision No. 362-H; p. 18.
1000.02164 – Other
Under EERA and HEERA, a refusal to withdraw unfair practice charges is not a mandatory subject of bargaining; p. 4, dec.