Decision 0333S – State of California (Department of Transportation)

LA-CE-105-S

Decision Date: August 18, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14225

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02150 – Use of State Vehicle

Use of State car is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

In light of virtually identical scope language of Dills and NLRA, PERB holds private sector precedent regarding scope to be applicable to Dills cases.

1000.00000 – SCOPE OF REPRESENTATION
1000.02146 – Transfer of Employee(s)

Transfer of employees within classifications is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02095 – Overtime Pay

Overtime is within scope.

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.03000 – State Issues

SPB constitutional authority to establish classifications not usurped by negotiations required for transfers within such classifications.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

SPB constitutional authority to establish classifications not usurped by negotiations required for transfers within such classifications.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

In light of virtually identical scope language of Dills and NLRA, PERB holds private sector precedent regarding scope to be applicable to Dills cases.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

SPB constitutional authority to establish classifications not usurped by negotiations required for transfers within such classifications.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice

Board takes judicial notice of information garnered by Regional Attorney during investigation.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.13000 – Administrative and Judicial Notice

Board takes judicial notice of information garnered by Regional Attorney during investigation.