Decision 1174H – Trustees of the California State University (Academic Professionals of California)

LA-CE-415; CO-47-H

Decision Date: November 12, 1996

Decision Type: PERB Decision

Description: Union appealed dismissal of its charge that CSU unilaterally changed working conditions.

Disposition: Dismissed. CSU acted in compliance with the terms of the collective bargaining agreement.

Perc Vol: 21
Perc Index: 28019

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

Where contract language clearly and unambiguously provided that parties could not delete any term of contract without written amendment, Board refused to find that contract terms expired when reopened; pp. 6-7. Because contract language precludes the deletion of any term of the contract without written amendment, Board finds it unnecessary to decide whether NLRB decisions in Speedrack, Inc. (1989) 293 NLRB 1054 [131 LRRM 1347] and Hydrologics, Inc. (1989) 293 NLRB 1060 [131 LRRM 1350] apply to public sector labor relations under the HEERA; p. 7. Where contract langauge clearly and unambiguously provided that parties could not delete any term of contract without written amendment, University's insistence on maintaining status quo did not constitute unilateral change; p. 23, proposed dec. constitute unilateral change; p. 23, proposed dec.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Union violated HEERA section 3571.(d) when it refused to pursue reopener negotiations over health benefits through HEERA's statutory impasse procedure; pp. 25-26, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02059 – Health Plans

The amount of employer contribution for health benefits is a mandatory subject of bargaining; p. 25, proposed dec.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

Where contract language clearly and unambiguously provided that parties could not delete any term of contract without written amendment, Board refused to find that contract terms expired when reopened; pp. 6-7. Because contract language precludes the deletion of any term of the contract without written amendment, Board finds it unnecessary to decide whether NLRB decisions in Speedrack, Inc. (1989) 293 NLRB 1054 [131 LRRM 1347] and Hydrologics, Inc. (1989) 293 NLRB 1060 [131 LRRM 1350] apply to public sector labor relations under the HEERA; p. 7. Where contract language clearly and unambiguously provided that parties could not delete any term of contract without written amendment, University's insistence on maintaining status quo did not constitute unilateral change; p. 7; p. 23, proposed dec. constitute unilateral change; p. 7; p. 23, proposed dec.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

The language of a written agreement controls its interpretation; if language is clear and unambiguous, testimony regarding parties' intent is unnecessary; p. 6. A written contract must be construed to give effect to every part thereof; p. 7. Where contract language clearly and unambiguously provided that parties could not delete any term of contract without written amendment, Board refused to find that contract terms expired when reopened; pp. 6-7.