Decision 1347S – State of California (Department of Motor Vehicles)
SA-CE-1222-S
Decision Date: September 2, 1999
Decision Type: PERB Decision
Perc Vol: 23
Perc Index: 30163
Decision Headnotes
601.03000 – Decision vs Effects Bargaining
Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.
603.04000 – Circumvention of Union; Direct Dealing With Employees
Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unlawfully bypass exclusive representative when it met with employees to establish an alternate work schedule, pp. 2-3; warning letter.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unilaterally change working conditions when it implemented an alternate work schedule allowing employees to work a 4/10/40 schedule; pp. 2-3, warning letter. Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unilaterally change working conditions when it implemented an alternate work schedule allowing employees to work a 4/10/40 schedule; pp. 2-3, warning letter.
1402.05000 – By Delaying or Failing to Request Negotiations
Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.