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

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Perc Vol: 22
Perc Index: 29063

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

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.

602.00000 – 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

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.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.