Decision 1689H – Regents of the University of California

SF-CE-611-H

Decision Date: September 17, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 252

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

The status quo against which an employer’s conduct is evaluated must take into account the regular and consistent past patterns of changes. Changes consistent with such a pattern are not violations of the status quo. Where the employer exercises a large measure of discretion, the exclusive representative may properly insist that the employer negotiate regarding changes.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

The status quo against which an employer’s conduct is evaluated must take into account the regular and consistent past patterns of changes. Changes consistent with such a pattern are not violations of the status quo. Where the employer exercises a large measure of discretion, the exclusive representative may properly insist that the employer negotiate regarding changes.