Decision 1886H – Trustees of the California State University

LA-CE-787-H

Decision Date: February 20, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 65

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

There was no binding past practice of allowing released time for employees to attend PERB proceedings and therefore, the complaint that CSU violated HEERA by committing a unilateral change was dismissed. The Board’s holding in Willits Unified School District (1991) PERB Decision No. 912 (that the District violated EERA when it failed to grant paid released time to a union representative to attend a PERB settlement conference concerning an unfair practice charge) was not determinative here. In this case, the record does not indicate that the informal conference was an extension of the parties' negotiations, as was the case in Willits. A mistaken, or at least unintentional, beneficial practice does not prevent the employer from subsequently reverting to strict enforcement of the applicable terms of the parties' collective agreement.

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

There was no binding past practice of allowing released time for employees to attend PERB proceedings and therefore, the complaint that CSU violated HEERA by committing a unilateral change was dismissed.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Released time is a negotiable matter. The Board’s holding in Willits Unified School District (1991) PERB Decision No. 912 (that the District violated EERA when it failed to grant paid released time to a union representative to attend a PERB settlement conference concerning an unfair practice charge) was not determinative here. In this case, the record does not indicate that the informal conference was an extension of the parties' negotiations, as was the case in Willits.