Decision 1842H – Trustees of the California State University

LA-CE-821-H

Decision Date: May 18, 2006

Decision Type: PERB Decision

Description:  The union alleged a unilateral change in the method for reporting sick leave and vacation credits from one hour increments to one-half hour increments.  It was further alleged that this was a breach of the duty to negotiate in good faith.

Disposition:  The Board dismissed the charge holding that the change in method for reporting sick leave and vacation credits is not a breach of the duty to negotiate in good faith where parties disagreed as to where negotiations should take place.  The obligation to negotiate in good faith does not require yielding of a position fairly maintained.

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Perc Vol: 30
Perc Index: 125

Decision Headnotes

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

CSU change in method for reporting sick leave and vacation credits is not a breach of duty to negotiate in good faith where parties disagreed as to where negotiations should take place as the obligation to negotiate in good faith does not require yielding of a position fairly maintained.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

CSU change in method for reporting sick leave and vacation credits is not a breach of the duty to negotiate in good faith where parties disagreed as to where negotiations should take place as the obligation to negotiate in good faith does not require yielding of a position fairly maintained.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

A change is not rendered non-negotiable because it arguably benefited employees.