No Past Practice Found

Trustees of the California State University (PERB Dec. No. 1886H) (Issued 02/20/07)

Union alleged that employer unilaterally repudiated a policy of granting release time to employees for the purpose of attending PERB proceedings. Board adopted ALJ decision which found that union “failed to demonstrate by a preponderance of the evidence that the University had a binding past practice of granting released time for PERB informal conferences not contemplated within the MOU.” Charge and complaint dismissed.

Analysis: Standard application of well-settled law on unilateral changes to the specific facts in this case.

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