Decision 2109H – Regents of the University of California

SF-CE-862-H

Decision Date: May 19, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 83

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

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.

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

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.

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 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.

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

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

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.