Decision 1189H – Regents of the University of California (Woods, et al.)

LA-CE-449-H

Decision Date: March 19, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28066

Decision Headnotes

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

No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

Decision to lay off is a matter of fundamental managerial concern and is within the University's discretionary prerogative; p. 3, warning letter.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.02000 – With Nonexclusive Representatives

University must notify individual employees of proposed changes in employment conditions and, if the employee so desires, to meet and discuss the changes with the nonexclusive representative; p. 2, warning letter. Refusal to meet and discuss with a non-exclusive representative is violation of HEERA section 3571(a) (citation); p. 2, fn. 2.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

No prima facie case for failure to meet and discuss effects of layoff where charge fails to allege that charging parties actually requested to meet and discuss those effects; p. 2, dismissal letter.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3.