Decision 1333H – Trustees of the California State University (California Faculty Association)
LA-CO-63-H
Decision Date: June 25, 1999
Decision Type: PERB Decision
Description: University appealed Board agent’s partial dismissal of unfair practice charge alleging that the Union insisted to impasse over non-mandatory subjects of bargaining.
Disposition: Affirmed partial dismissal. University faffed to establish a prime facie case.
Perc Vol: 23
Perc Index: 30129
Decision Headnotes
1000.02134 – Staffing Practice
Proposal limiting the number of new temporary employees is within scope.
1000.02164 – Other
Determination of whether Department claims are in the bargaining unit is a mandatory subject of bargaining. Proposal limiting the number of new temporary employees is within scope. Criteria and standards for appointment (under HEERA 3562(r)(4) are not impacted by proposals limiting the number of new temporary hires, giving preference to candidates with CSU experience or automatic continued employment for temporary employees. Thus these proposals are negotiable.
1000.02169 – Unit Configuration
Determination of whether Department claims are in the bargaining unit is a mandatory subject of bargaining.
900.02000 – Declaration/Determination of Impasse
The determination of impasse is vested with the Board itself, it is clear that impasse exists only when the Board makes such a determination, not when one or both of the parties believe impasse has been reached; p. 3, dismissal letter. Impasse is determined not upon oral notification by PERB pursuant to Regulation 32793, but upon service of the determination in writing; p. 3, dismissal letter.
900.03000 – Pre-Impasse
Where an agency fee proposal was withdrawn prior to a determination of impasse by PERB, the party withdrawing the proposal can not be found to have bargained to impasse on the nonmandatory subject of bargaining; p. 2, dismissal letter.