Decision 2111S – State of California (Department of Corrections and Rehabilitation, Avenal State Prison)
SA-CE-1703-S
Decision Date: June 3, 2010
Decision Type: PERB Decision
Description: Charging Party alleged the State unilaterally implemented a change to the release time policy and engaged in surface bargaining over inmate access to medical care.
Disposition: The Board affirmed the Board agent’s dismissal for failure to state facts establishing a prima facie case of an unlawful unilateral change and surface bargaining.
Perc Vol: 34
Perc Index: 91
Decision Headnotes
602.06000 – Change in Past Practice
The charge fails to allege facts demonstrating an established past practice for release time when negotiations conclude early.
606.01000 – In General
One useful approach in addressing the issue of surface bargaining is to consider the indicia of bad faith with a view to the extent to which the offending conduct obstructs and subverts, or tends to obstruct and subvert, the negotiations in the context of the entire course of bargaining.
606.15000 – Other
The bargaining team was granted release time for the duration of the bargaining session. When negotiations concluded early, the failure to release union bargaining team for a full day does not demonstrate surface bargaining.
1000.02117 – Released Time
Paid release time is a negotiable subject under the Dills Act. Release time is related to the enumerated subjects of wages and hours.
1100.02000 – Investigation of Charge
Where a charging party fails to allege that any specific section of the Government Code has been violated, the Board agent, upon review of the charge, may determine under what section the charge should be analyzed.
1100.08000 – Pleading Requirements
Where a charging party fails to allege that any specific section of the Government Code has been violated, the Board agent, upon review of the charge, may determine under what section the charge should be analyzed.