Decision 0484S – State of California (Department of Developmental Services)
S-CE-86-S
Decision Date: January 24, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16073
Decision Headnotes
1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit
1000.02147 – Transfer of Work Out of Unit
No transfer of work where, at all relevant times nonunit and unit employees had overlapping duties and no particular duty or function removed from unit; any transfer occurred prior to union's certification.
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.12000 – Good Faith; DeMinimus; Temporary Change
608.12000 – Good Faith; DeMinimus; Temporary Change
No adverse impact shown - no domination of unit by hiring of nonunit employees.
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo
608.05000 – Past Practice; Maintenance of Status Quo
Hiring of nonunit employees consistent with past practice.
601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining
601.03000 – Decision vs Effects Bargaining
No duty to bargain where no action taken after certification of union which had effect on negotiable subject.