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
Description: UC unlawfully contracted out bargaining unit work without negotiating.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26030
Decision Headnotes
602.06000 – Change in Past Practice
No violation where employer's decision to contract out educational services was consistent with past practice.
608.05000 – Past Practice; Maintenance of Status Quo
No violation where employer's decision to contract out educational services was consistent with past practice.
608.07000 – 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.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract waiver by union is unaffected by the union's unilateral decision to consider the agreement invalid.
602.03000 – Change In Policy
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.