Decision 2105H – Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 )

SF-CO-164-H

Decision Date: April 21, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 73

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

PERB is prohibited from enforcement of agreements between the parties and may only issue a complaint where the breach of the agreement also constitutes an unfair practice violation. In order to constitute an unfair practice violation, the conduct must amount to a change in policy. Where University alleged the union violated the campus access policy by leafleting in prohibited areas, but no facts are alleged to demonstrate more than an isolated breach of the CBA, the charge failed to establish a prima facie case for a unilateral change violation.

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

PERB is prohibited from enforcement of agreements between the parties and may only issue a complaint where the breach of the agreement also constitutes an unfair practice violation. In order to constitute an unfair practice violation, the conduct must amount to a change in policy. Where University alleged the union violated the campus access policy by leafleting in prohibited areas, but no facts are alleged to demonstrate more than an isolated breach of the CBA, the charge failed to establish a prima facie case for a unilateral change violation.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

PERB is prohibited from enforcement of agreements between the parties and may only issue a complaint where the breach of the agreement also constitutes an unfair practice violation. In order to constitute an unfair practice violation, the conduct must amount to a change in policy. Where University alleged the union violated the campus access policy by leafleting in prohibited areas, but no facts are alleged to demonstrate more than an isolated breach of the CBA, the charge failed to establish a prima facie case for a unilateral change violation.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.01000 – In General

The same standard for evaluation of a unilateral change violation by an employer applies to evaluation of a unilateral change violation by a union.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

The same standard for evaluation of a unilateral change violation by an employer applies to evaluation of a unilateral change violation by a union.

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

A unilateral change in a negotiable subject prior to the completion of impasse procedures is a “per se” violation.