Decision 1067S – State of California (Department of Personnel Administration) (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government; California State Employees' Association; California Department of Forestry Employees' Association, Local 2881, International Association of Fire Fighters)

S-CE-498, 503, 506-S

Decision Date: November 9, 1994

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 19
Perc Index: 26010

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02012 – Budget Proposals

The Board has declined to find a violation of the Dills Act when the Governor's January budget proposal and the subsequent legislative negotiations occur prior to negotiations with employee organization, even though they involve issues which have a direct impact on terms and conditions of employment of bargaining unit members; p. 8.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.06000 – Time Limit on Negotiations

Collective bargaining has no necessary linkage with the State budgetary process. The two activities can take place at the same time and no resolution of collective bargaining is required before introduction or approval of the budget; p. 9, proposed dec. No per se violation can be found in the Governor's pre-negotiations discussions with members of the Legislature about specific negotiable matters. Evidence of such discussions might, under some circumstance, be appropriate to evaluate the totality of the circumstances; p. 13, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

The Governor does not fail to meet and confer in good faith through the act of submitting a budget to the Legislature prior to meeting and conferring with State employee unions. The submission of a proposed budget is not a matter for negotiations, but is instead the performance of a constitutionally imposed duty; p. 10, proposed dec.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

The Governor does not fail to meet and confer in good faith through the act of submitting a budget to the Legislature prior to meeting and conferring with State employee unions. The submission of a proposed budget is not a matter for negotiations, but is instead the performance of a constitutionally imposed duty; p. 10, proposed dec. The Governor does not fail to meet and confer in good faith by preparing a State budget prior to negotiations with State employee unions. The Governor's initial determination on State employee pay and benefits may be made for budgetary purposes prior to negotiations; p. 11, proposed dec. No per se violation can be found in the Governor's pre-negotiations discussions with members of the Legislature about specific negotiable matters. Evidence of such discussions might under some circumstance, be appropriate to evaluate under the totality of the circumstances; matters. Evidence of such discussions might under some circumstance, be appropriate to evaluate under the totality of the circumstances;

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

No per se violation can be found in the Governor's pre-negotiations discussions with members of the Legislature about specific negotiable matters. Evidence of such discussions might, under some circumstance, be appropriate to evaluate under the totality of the circumstances; p. 13, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

The Governor does not fail to meet and confer in good faith through the act of submitting a budget to the Legislature prior to meeting and conferring with State employee unions. The submission of a proposed budget is not a matter for negotiations, but is instead the performance of a constitutionally imposed duty; p. 10, proposed dec. The Governor does not fail to meet and confer in good faith by preparing a State budget prior to negotiations with State employee unions. The Governor's initial determination on State employee pay and benefits may be made for budgetary purposes prior to negotiations; p. 11, proposed dec. No per se violation can be found in the Governor's pre-negotiations discussions with members of the Legislature about specific negotiable matters. Evidence of such discussions might, under some circumstance, be appropriate to evaluate under the totality of the circumstances; matters. Evidence of such discussions might, under some circumstance, be appropriate to evaluate under the totality of the circumstances;

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.02000 – Background Evidence and Matters Not Alleged

Unalleged violations may be entertained only when adequate notice and the opportunity to defend has been provided to the respondent, and where such acts are intimately related to the subject matter of the complaint, are part of the same course of conduct, have been fully litigated, and the parties have had the opportunity to examine and be cross-examined on the issue; p. 15, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Unalleged violations may be entertained only when adequate notice and the opportunity to defend has been provided to the respondent, and where such acts are intimately related to the subject matter of the complaint, are part of the same course of conduct, have been fully litigated, and the parties have had the opportunity to examine and be cross-examined on the issue; p. 15, proposed dec.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32300. Charging party's exceptions to the proposed decision are rejected as without merit because they do not specify issues of procedure, fact, law or rationale, and do not specify the grounds for each exception; p. 9.