1. Home
  2. Decisions
  3. Decision A514E - Dailey Elementary Charter School

Decision 0840S – State of California (Department of Mental Health)

S-CE-417-S

Decision Date: September 18, 1990

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 14
Perc Index: 21183

Decision Headnotes

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

Although a cease and desist order was held not to apply on a systemwide basis, the notice was required to be posted statewide because the unilateral change concerned contract language applicable to a statewide unit.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Although a cease and desist order was held not to apply on a system- wide basis, the notice was required to be posted statewide because the unilateral change concerned contract language applicable to a statewide unit.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.01000 – In General

Department of Mental Health is responsible for unilateral change despite DPA's assertion that DPA is the employer and DPA did not enact the change.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

The Department of Mental Health implemented an illegal unilateral change when it changed the scheduling system at Metropolitan State Hospital from a rotational scheduling system to a set day off scheduling system without notifying the association nor giving it an opportunity to negotiate on the change.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

A violation requires a change in policy which has a generalized effect or continuing impact.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

Department of Mental Health is responsible for unilateral change despite DPA's assertion that DPA is the employer and DPA did not enact the change.

1200.00000 – REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS
1200.01000 – In General

A cease and desist order in a unilateral change case was held not to apply on a systemwide basis, as the evidence on the record showed only a change at Metropolitan State Hospital; there was no evidence of a systemwide program of unilateral implementation of a change in scheduling systems. However, Board ordered notice to be posted statewide because unilateral change concerned contract language applicable to statewide unit.