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.

 

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Perc Vol: 26
Perc Index: 33016

Decision Headnotes

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

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.

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

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

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

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

A charging party may not, without good cause, present new evidence or new allegations on appeal.