Decision 1584H – Trustees of the California State University (San Marcos)

LA-CE-692-H

Decision Date: January 13, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 61

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

University’s imposition of new fee applicable to all students, including its employees enrolled in courses, did not breach contract where contract did not require the waiver or reduction of all fees or a percentage of all fees, or otherwise prohibit the imposition of new fees.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Board has long interpreted the term “wages” to include more than an employee’s hourly, weekly or piece work compensation. Board has followed the definition of “wages” under the NLRA, which defines “wages” to include emoluments of value.

1000.00000 – SCOPE OF REPRESENTATION
1000.02055 – Fringe Benefit Contributions

Board has long interpreted the term “wages” to include more than an employee’s hourly, weekly or piece work compensation. Board has followed the definition of “wages” under the NLRA, which defines “wages” to include emoluments of value.

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

University’s imposition of new fee applicable to all students, including its employees enrolled in courses, is not within the scope of representation. Waiver or reduction of such fees for employees, however, is within the scope of representation.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Deferral required only where CBA prohibits conduct at issue. It is not enough to cover or discuss the disputed conduct; p. 9.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

Burden of proof in unilateral change is on charging party to provide extrinsic evidence to support its interpretation of the settlement agreement. No evidence-no violation.