Decision 1145S – State of California (Department of Personnel Administration) (California Union of Safety Employees)
S-CE-756-S
Decision Date: March 8, 1996
Decision Type: PERB Decision
Description: State unilaterally changed release time rights, transferred work from California State Police to another bargaining unit, and delegated responsibility to negotiate to individual departments.
Disposition: Dismissed for lack of Jurisdiction and failure to state a prima facie case. Board deferred charge to parties’ contractual grievance procedure.
Perc Vol: 20
Perc Index: 27061
Decision Headnotes
201.01000 – In General
The Department of Personnel Administration acts as the Governor's designee and it may delegate the authority to bargain to State agencies or departments at its discretion. Such a delegation is not a subject within the scope of representation and it does not interfere with the State's obligation to bargain in good faith; pp. 5-6, warning letter.
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The Department of Personnel Administration acts as the Governor's designee and it may delegate the authority to bargain to State agencies or departments at its discretion. Such a delegation is not a subject within the scope of representation and it does not interfere with the State's obligation to bargain in good faith; pp. 5-6, warning letter.
601.05000 – Other
The Department of Personnel Administration acts as the Governor's designee and it may delegate the authority to bargain to State agencies or departments at its discretion. Such a delegation is not a subject within the scope of representation and it does not interfere with the State's obligation to bargain in good faith; pp. 5-6, warning letter.
602.01000 – In General
Work performed by bargaining unit members which was previously performed by employees of another bargaining unit represents an allegation that the employer unilaterally transferred work from one bargaining unit to another; p. 5.
602.04000 – Time of Implementation
A unilateral change occurs when an official action has been taken, not a subsequent date when the action becomes effective; p. 5, warning letter.
1102.01000 – Pre-Arbitration
Transfer of work allegation properly deferred to an entire agreement clause which requires notice to exclusive representative and bargaining over the impact of changes made.
1310.01000 – In General
Reassignment of duties to employees in another bargaining unit is a transfer of work across unit lines not a unit modification.