Decision 1072H – Regents of the University of California (University of California-American Federation of Teachers)

LA-CE-394-H

Decision Date: December 7, 1994

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26030

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

No violation where employer's decision to contract out educational services was consistent with past practice.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

No violation where employer's decision to contract out educational services was consistent with past practice.

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

Contract waiver by union is unaffected by the union's unilateral decision to consider the agreement invalid.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Contract waiver by union is unaffected by the union's unilateral decision to consider the agreement invalid.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

No unilateral change where the action taken by the employer does not alter or change the status quo. A unilateral repudiation by the union of a bilateral agreement is invalid.