Decision 1886H – Trustees of the California State University
LA-CE-787-H
Decision Date: February 20, 2007
Decision Type: PERB Decision
Description: Union alleged that the university violated HEERA by unilaterally repudiating a policy of granting release time to employees for the purpose of attending PERB proceedings.
Disposition: The Board dismissed the charge, finding that no binding past practice existed of allowing release time to attend PERB proceedings.
Perc Vol: 31
Perc Index: 65
Decision Headnotes
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.
602.06000 – 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.
1000.02117 – 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.