Decision 0127S – State of California (Department of Corrections) (California Correctional Officers Association)
Decision Date: May 5, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11079
501.01000 – In General; Elements of Prima Facie Case
Board held that section 3519(l) and 3543.5(a) parallel sections 8(a)(1) and 8(a)(3) of NLRA and cases interpreting 8(a)(1) and 8(a)(3) may be used to interpret the Dills Act; p. 3, fn. 4.
101.03000 – NLRA/LMRDA Precedent
Board held that section 3519(2) and 3543.5(a) parallel sections 8(a)(1) and 8(a)(3) of NLRA and cases interpreting 8(a)(1) and 8(a)(3) may be used to interpret the Dills Act; p. 3, fn. 4.
101.01000 – In General
Board will look to cases interpreting EERA to interpret similar sections of the Dills Act; p. 3.
405.03000 – Promise of or Withholding of Benefits
Board declines to find an impermissible withdrawal of employee benefits where employer rescinded its policy of providing office space and inmate clerical assistance because whatever benefit accrued to employees was indirect; pp. 12-14.
401.04000 – Access – Union Right
Applying Carlsbad #89, no interference, discrimination or denial of access found where employer withdrew previous grant of office space and the assistance of inmate clerks at a prevailing institutional wage. Union was still able to distribute literature through the department mail and use bulletin boards, as well as meet with employees concerning grievance; pp. 4-12.
202.06000 – Nonexclusive Representatives
Non-exclusive representative's right to meet and confer does not encompass right to negotiate the employer's withdrawal of free office space and inmate clerical staff; pp. 15-16.
401.02000 – Discrimination Favoring Organization Over Another
Employer found to have treated all non-exclusive representatives the same when it discontinued policy of providing free on-site office space and inmate clerical staff; pp. 16-17.