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

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Perc Vol: 20
Perc Index: 27061

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

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.

602.00000 – 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 a subsequent date when the action becomes effective; p. 5, warning letter.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.