Decision 1333H – Trustees of the California State University (California Faculty Association)

LA-CO-63-H

Decision Date: June 25, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30129

Decision Headnotes

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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Where an agency fee proposal was withdrawn prior to a determination of impasse by PERB, the party withdrawing the proposal can not be found to have bargained to impasse on the nonmandatory subject of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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02134 – Staffing Practice

Proposal limiting the number of new temporary employees is within scope.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02169 – Unit Configuration

Determination of whether Department claims are in the bargaining unit is a mandatory subject of bargaining.