Decision 1470H – Trustees of the California State University
LA-CE-609-H
Decision Date: December 5, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer made a unilateral change when it implemented a pay increase for employees under the provisions of a collective bargaining agreement then being bargained for in reopener negotiations.
Disposition: Dismissed. Reopened provisions are not effectively terminated by reopening, but rather the status quo prevails where the parties had previously agreed that the contract terms could not be deleted except by mutual consent. Thus, the employer’s reinstatement of the reopened clauses did not constitute a unilateral change, but merely an assertion that the status quo between the parties remained in effect.
Perc Vol: 26
Perc Index: 33016
Decision Headnotes
602.01000 – In General
Failure to reach an agreement in reopener negotiations does not render the reopened contract provisions null and void. Universities actions in raising pay were consistent with the parties’ memorandum of understanding and therefore not a unilateral change.
608.05000 – Past Practice; Maintenance of Status Quo
Failure to reach an agreement in reopener negotiations does not render the reopened contract provisions null and void. Universities actions in raising pay were consistent with the parties’ memorandum of understanding and therefore not a unilateral change.
1107.06000 – De Novo Review; Standard of Review by Board
A charging party may not, without good cause, present new evidence or new allegations on appeal.
602.06000 – Change in Past Practice
Failure to reach an agreement in reopener negotiations does not render the reopened contract provisions null and void. Universities actions in raising pay were consistent with the parties’ memorandum of understanding and therefore not a unilateral change.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A charging party may not, without good cause, present new evidence or new allegations on appeal.
1107.20000 – Other
A charging party may not, without good cause, present new evidence or new allegations on appeal.