Decision 2109H – Regents of the University of California * * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M

* * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Pleading or raising a bare allegation without sufficient supporting facts is insufficient for purposes of alleging a prima facie case. Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the relevant practices were “well established” was insufficient. The charge must allege facts to demonstrate the past practice.

* * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the relevant practices were “well established” was insufficient for purposes of alleging a prima facie case. The charge must allege facts to demonstrate the past practice.

* * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

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 or past practice. Pleading or raising a bare allegation without sufficient supporting facts is insufficient for purposes of alleging a prima facie case. Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the practices were “well established,” was insufficient. The charge must allege facts to demonstrate the past practice.

* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the relevant practices were “well established” was insufficient for purposes of alleging a prima facie case. The charge must allege facts to demonstrate the past practice. It is not an unlawful unilateral change for the employer to enforce the written terms of the MOU. No prima facie case for unilateral change in policy or practice where the union failed to allege conduct by the employer that was inconsistent with the terms of the MOU.

* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

It is not an unlawful unilateral change for the employer to enforce the written terms of the MOU. No prima facie case for unilateral change in policy or practice where the union failed to allege conduct by the employer that was inconsistent with the terms of the MOU.

* * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Pleading or raising a bare allegation without sufficient supporting facts is insufficient for purposes of alleging a prima facie case. Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the practices were “well established,” was insufficient. The charge must allege facts to demonstrate the past practice.