Decision 0361S – State of California (Department of Transportation)

Back pay order denied; too speculative because impossible to ascertain identity of employees affected by the unilateral change; p. 16.

Return to status quo, old system of staffing, where employer had unlawfully changed staffing practices unilaterally; p. 18.

First case to rule on meaning of scope language of SEERA and provide statement of test for determining whether subject within scope. Matters are within scope if they involve employment relationship and are of such concern to both management and employees that conflict is likely to occur, and if mediatory influence of collective negotiations is an appropriate means of resolving conflict; p. 10.

Changes in staffing practices are within the scope of representation; p. 14.

Issue not properly raised or litigated until the briefing stage and not considered by the ALJ would not be considered by the Board; p. 15.