Decision 1056S – State of California (Cstate Employees Association, Service Employees International Union Local 1000)

S-CE-643-S

Decision Date: September 14, 1994

Decision Type: PERB Decision

Description: State increased class size without negotiating and failed to provide requested Information.

Disposition: Dismissed. No violation found.

Perc Vol: 18
Perc Index: 25129

Decision Headnotes

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

When a CBA expires an employer must maintain certain terms contained within it until such time as bargaining over a successor agreement has been completed either by reaching agreement or impasse; p. 4.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

The state did not commit an unlawful unilateral change when it acted in compliance with the provisions of the expired CBA in changing class size; p. 7.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

A unilateral change occurs when an official action has been taken, not at a subsequent date when that action becomes effective; p. 4.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

A party that has requested information has an obligation to accept possession of such data when offered. Absent such acceptance, it cannot be heard to complain about not having received the requested information; p. 17, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

The state did not commit an unlawful unilateral change when it acted in compliance with the provisions of the expired CBA in changing class size; p. 7.