Decision 0302S – State of California (Department of General Services)
S-CE-58-S
Decision Date: April 8, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14132
Decision Headnotes
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.
1100.01000 – 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.
1100.05000 – 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.
1202.02000 – 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.