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

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Perc Vol: 22
Perc Index: 29114

Decision Headnotes

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

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

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.

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

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.