Decision 1271H – Regents of the University of California (Federated University Police Officer’s Association)
SA-CE-101-H
Decision Date: June 30, 1998
Decision Type: PERB Decision
Description: Union appealed partial dismissal of its unfair practice charge against the University.
Disposition: Dismissed. Union failed to allege prima facie case of a violation and its appeal included new allegations and new evidence not previously offered without showing good cause.
Perc Vol: 22
Perc Index: 29114
Decision Headnotes
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Charging party failed to show that University's conduct was not consistent with its rights under the agreement with the charging party. Thus, no unilateral change is described; p. 2, warning letter.
1503.03000 – Regulations Considered (By Number) (Continued)
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2.
602.01000 – In General
Charging party failed to show that University's conduct was not consistent with its rights under the agreement with the charging party. Thus, no unilateral change is described; p. 2, warning letter.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Charging party failed to show that University's conduct was not consistent with its rights under the agreement with the charging party. Thus, no unilateral change is described; p. 2, warning letter.
1105.19000 – Newly Discovered Evidence
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2.
1107.06000 – De Novo Review; Standard of Review by Board
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2.