Decision 0928S – State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39)
S-CE-554-S
Decision Date: April 20, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23063
Decision Headnotes
603.01000 – In General
Board summarily affirms Board agent's dismissal of Association's charge that DPA violated section 3516.5, and 3519(a), (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.
1100.01000 – In General/Prima Facie Case
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. 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.
607.01000 – In General
Board summarily affirms Board agent's dismissal of Association's charge that DPA violated section 3516.5, and 3519(a), (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.
608.01000 – In General
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b) and (c) of Dills Act by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. Matters at issue found not to be within the scope of representation because: (1) the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise manageral prerogative.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give notice and opportunity to bargain to unions before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. 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.
1000.02012 – Budget Proposals
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. 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.
1000.02064 – Hours of Work
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. 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.
1000.02164 – Other
Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. 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.