Decision 1221H – Regents of the University of California (Lawrence Livermore) * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * *

SF-CE-421-H

Decision Date: September 26, 1997

Decision Type: PERB Decision

* * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Description: University filed exceptions to proposed decision finding that it violated HEERA when it refused to meet and confer over the effects of staff reduction.

Disposition: Violation found. University ordered to bargain over the effects of reduction in staff.

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Perc Vol: 21
Perc Index: 28161

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02134 – Staffing Practice

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *

Because University had managerial prerogative to change staffing levels, full backpay award to affected employees is inappropriate; special backpay award for those employees whose hours changed as an effect of the University's decision to transfer; pp. 32-33, proposed dec.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

New legal theories relate back to filing of original charge; new factual allegations do not; p. 10, fn. 6.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Absent evidence of delayed discovery, Board could not issue a complaint on conduct occurring more than one year before assertion of allegation at hearing; p. 10. Six-month time limitation applies equally to attempts to raise conduct for the first time at hearing as to filing or amending charge; p. 10.

1000.00000 – SCOPE OF REPRESENTATION
1000.02157 – Working Day/Work Time

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Change in hours is a reasonably foreseeable, and therefore negotiable, effect of staffing change; p. 8.

1000.00000 – SCOPE OF REPRESENTATION
1000.02146 – Transfer of Employee(s)

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock by transferring employees to a different work location was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Change in hours is a reasonably foreseeable, and therefore negotiable, effect of staffing change; p. 8.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7. Change in hours is a reasonably foreseeable, and therefore negotiable, effect of staffing change; p. 8. Reduction in hours for non-transferred personnel was not reasonably foreseeable effect of transfers despite coincidence of timing; pp. 8-9.

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

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7. Effects bargaining demand need not contain laundry list of all possible effects implicated by a change; p. 7.

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

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Effects bargaining demand need not contain laundry list of all possible effects implicated by a change; p. 7.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7. Change in hours is a reasonably foreseeable, and therefore negotiable, effect of staffing change; p. 8. Reduction in hours for non-transferred personnel was not reasonably foreseeable effect of transfers despite coincidence of timing; pp. 8-9.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

Where University failed to meet and negotiate over the reasonably foreseeable effects of reduction in staff, Board orders impact negotiations; p. 12.