Decision 1231H – Trustees of the California State University (Academic Professionals of California)

LA-CE-465-H

Decision Date: November 17, 1997

Decision Type: PERB Decision

Description: Union appealed proposed decision dismissing the unfair practice charge against the University alleging that it had made unilateral changes  in grievance and arbitration procedures without giving the Union notice and opportunity to negotiate.

Disposition: Dismissed. Dispute was under collective bargaining agreement which Board has no authority to enforce

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Perc Vol: 22
Perc Index: 29011

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

Maintenance of employer's legal position that it had no duty to arbitrate grievances filed after expiration of contract, although allegedly an isolated breach of the collective bargaining agreement, does not constitute unilateral change; p. 3.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

Maintenance of employer's legal position that it had no duty to arbitrate grievances filed after expiration of contract, although allegedly an isolated breach of the collective bargaining agreement, does not constitute unilateral change; p. 3.

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

Maintenance of employer's legal position that it had no duty to arbitrate grievances filed after expiration of contract, although allegedly an isolated breach of the collective bargaining agreement, does not constitute unilateral change; p. 3.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.01000 – In General

HEERA section 3589(b) provides that disputes regarding failure to arbitrate pursuant to collective bargaining agreement may be pursued in court; pp. 3-4.