Decision 0921S – State of California (Department of Personnel Administration) (California District of Forestry Employees Association)

S-CE-505-S

Decision Date: January 22, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23030

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Although responding party filed its response to the exceptions seven days late, charging party responded; the Board found neither party prejudiced by consideration of all the material submitted; p. 4, fn. 2.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.01000 – In General

Under EERA and HEERA, public notice complaints must be filed in accordance with regulations governing public notice complaints; p. 4. As the statutes and regulations are silent concerning a procedure for processing Dills Act public notice complaints, the Board found that a public notice complaint under the Dills Act should be processed as an unfair practice compaint; pp. 4-5.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.02000 – Initial Proposals

Section 3523 only requires that a party's initial (marking the commencement; beginning; first; Webster's New Internat. Dict. (3d ed. 1971) proposal on a given subject be sunshined; p. 5.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.12000 – Failure to Sunshine Proposals

The failure to sunshine a proposal may be indicia of an intent not to bargain under the "totality of conduct" test (California State University (1990) PERB Decision No. 799-H); p. 3.