Decision 1823H – Trustees of the California State University * * * VACATED by Trustees of the California State University (2008) PERB Decision No. 1823a-H

LA-CE-784-H

Decision Date: February 23, 2006

Decision Type: PERB Decision

 * * * VACATED by Trustees of the California State University (2008) PERB Decision No. 1823a-H * * *

Description:  Charge alleged violation by conditioning agreement on the parties’ memorandum of understanding on the waiver of a statutory right.

Disposition:  The Board held that it is a violation of HEERA for the university to insist to impasse on a proposal limiting the remedial authority of an arbitrator in faculty disputes as this unlawfully conditions agreement on waiver of a statutory right.  A heightened standard of review cannot be imposed on an arbitrator by the parties in their collective bargaining agreement or memorandum of understanding.

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Perc Vol: 30
Perc Index: 75

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