Decision 1093H – California State University (California State Employees Association) * * * VACATED by California State Employees' Association v. Public Employment Relations Board (1996) 51 Cal.App.4th 923

LA-CE-328-H

Decision Date: April 5, 1995

Decision Type: PERB Decision

 * * * VACATED by California State Employees’ Association v. Public Employment Relations Board (1996) 51 Cal.App.4th 923 * * *

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Perc Vol: 19
Perc Index: 26079

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Whether a unilateral change has occurred is measured by comparing the action taken to the status quo established by a contract or the past practice; p. 11. Under federal law, which is generally followed by PERB in duty to bargain cases, it is clear that the duty to bargain from a status quo after contract expiration emanates from a statute and the duty to bargain obligation imposed by HEERA is more restricted than that imposed by federal statutues; p. 14.

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

When the terms of the contract show the parties agreed to limit an obligation to the duration of the contract, the status quo created by the contract does not continue beyond its expiration; p. 15.

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 objective test exists to fully define a past practice; unexercised rights or discretion remain a part of the policy; p. 17.