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 * * *

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Perc Vol: 30
Perc Index: 75

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB authorized to interpret Education Code to determine whether unfair practice has occurred. CSU is not a quasi-judicial agency like PERB and its interpretation of the Education Code is not entitled to greater weight than any other litigant.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

California State University violated HEERA by insisting to impasse on a proposal limiting the remedial authority of an arbitrator in faculty disputes as this unlawfully conditioned 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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

If meaning of a statute is without ambiguity, doubt, or uncertainty then language controls. If meaning is unclear, Board refers to legislative history.