Decision 1252H – Regents of the University of California (University Professional and Technical Employees)
SA-CE-69-H
Decision Date: February 27, 1998
Decision Type: PERB Decision
Description: University appealed proposed decision finding it violated HEERA by unilaterally changing duties of firefighters without providing the Union notice and an opportunity to bargain.
Disposition: Dismissed. The dynamic status quo was maintained during the transition to exclusive representation by Union, so no unilateral change was shown.
Perc Vol: 22
Perc Index: 29063
Decision Headnotes
202.06000 – Nonexclusive Representatives
Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. Where higher education employees are not exclusively represented, HEERA obligates University only to communicate its intention prior to making changes to affected employees; pp. 11-12.
602.01000 – In General
Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. During the period of transition from nonexclusive representation to exclusive representation, the Board requires employers to maintain the dynamic status quo; p. 10. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. pp. 11-12.
602.06000 – Change in Past Practice
During the period of transition from nonexclusive representation to exclusive representation, the Board requires employers to maintain the dynamic status quo; p. 10. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12.
607.02000 – With Nonexclusive Representatives
Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. Where higher education employees are not exclusively represented, HEERA obligates University only to communicate its intention prior to making changes to affected employees; pp. 11-12. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. pp. 11-12.
608.01000 – In General
Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. Where higher education employees are not exclusively represented, HEERA obligates University only to communicate its intention prior to making changes to affected employees; pp. 11-12. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. pp. 11-12.
608.05000 – Past Practice; Maintenance of Status Quo
Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. During the period of transition from nonexclusive representation to exclusive representation, the Board requires employers to maintain the dynamic status quo; p. 10.