Decision 1832H – Regents of the University of California (San Diego)

SF-CE-770-H

Decision Date: March 24, 2006

Decision Type: PERB Decision

Description:  The charged alleged transfer of bargaining unit work out of the unit, and refusing to meet and confer in good faith about the transfer.

Disposition:  The Board affirmed the partial dismissal and held that for a prima facie case bad faith bargaining due to transfer of work charge must establish that the bargaining unit has ceased performing any work that was previously assigned exclusively to it.

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Perc Vol: 30
Perc Index: 103

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

No bad faith by employer where charging party does not establish that the bargaining unit has ceased performing any work that was previously assigned exclusively to it.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Where employer raises issue of statute of limitations, charging party has burden of demonstrating that charge is timely filed.