Decision 0302S – State of California (Department of General Services)

S-CE-58-S

Decision Date: April 8, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14132

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

In considering a motion to dismiss, the Board will assume that the essential facts alleged in the charge are true; p. 5.

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

As the unfair practice charge alleged significant unilateral changes during election campaign, Board concluded that charge should not have been dismissed and ordered that a complaint issue; pp. 6-7.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

As the unfair practice charge alleged significant unilateral changes during election campaign, Board concluded that change should not have been dismissed and ordered that a complaint issue; pp. 6-7.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.02000 – Agreement Between. the Parties

ALJ erred in dismissing unfair practice charge under Marin, PERB Decision No. 161. Six unilateral changes and two refusals to meet and discuss, along with timeing, distinguishes this case from Marin.