Decision 0927S – State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists)

S-CE-553-S

Decision Date: April 13, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23061

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02012 – Budget Proposals

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.01000 – In General

Board summarily affirms Board agent's dismissal of Association's charge that Governor of State of California violated section 3516.5, and 3519(b) and (c) of Dills by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.01000 – In General

Board summarily affirms Board agent's dismissal of Association's charge that Governor of State of California violated section 3516.5, and 3519(b) and (c) of the Dills Act by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State.

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

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills Act by failing to give unions notice and opportunity to bargain before proposing an initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give notice and opportunity to bargain to unions before proposing an initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the State. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters a issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Request for reconsideration of denial of request for injunctive relief denied as moot where underlying charge dismissed.