Decision 0787S – State of California (Department of Personnel Administration)

S-UM-366, 371, 377, 411-S

Decision Date: January 11, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21040

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Under the Dills Act it is found that all employees in state service, unless specifically exempted by section 4 of Article 7 of the Constitution, are civil service employees. Board overruled, in part, Decision No. 110d-S.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

Under the Dills Act it is found that all employees in state service, unless specifically exempted by section 4 of Article 7 of the Constitution, are civil service employees. Board overruled, in part, Decision No. 110d-S.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees

Under the Dills Act it is found that all employees in state service, unless specifically exempted by section 4 of Article 7 of the Constitution, are civil service employees. Board overruled, in part, Decision No. 110d-S.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

The Dills Act must be construed in a manner which leaves intact its constitutionality and which gives the plain meaning to the words of the statute. Because the Dills Act was enacted with the merit principles, as defined in the Constitution, clearly in mind, as long as the application of 3513(c) does not run counter to the constitutional provisions regarding civil service, there is no conflict.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

The Dills Act must be construed in a manner which leaves intact its constitutionality and which gives the plain meaning to the words of the statute. Because the Dills Act was enacted with the merit principles, as defined in the Constitution, clearly in mind, as long as the application of 3513(c) does not run counter to the constitutional provisions regarding civil service, there is no conflict.

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

The Dills Act must be construed in a manner which leaves intact its constitutionality and which gives the plain meaning to the words of the statute. Because the Dills Act was enacted with the merit principles, as defined in the Constitution, clearly in mind, as long as the application of 3513(c) does not run counter to the constitutional provisions regarding civil service, there is no conflict.