Home | Decisions | 1689H

Decision 1689H – Regents of the University of California

SF-CE-611-H

Decision Date: September 17, 2004

Decision Type: PERB Decision

View Full Text (PDF)

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)
602.04000 – Change in or Deviation from Unwritten 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.