Decision 1150S – State of California (Department of Developmental Services) (International Union of Operating Engineers)

S-CE-781-S

Decision Date: May 9, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27087

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

The Board does not have jurisdiction under Dills Act section 3514.5(b), which precludes the Board from enforcing agreements between the parties, where charge alleged that Dills Act was violated when DDS withdrew a settlement of a grievance and sought to have PERB enforce the settlement; p. 1, warning letter.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Withdrawal of a first level grievance response where State responded at second level and was willing to proceed is not a unilateral change; p. 2, dismissal letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.06000 – Service

Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.

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

Regulation 32615(a)(5) requires that an unfair practice charge contain a clear and concise statement of the facts to constitute an unfair practice charge (id.). Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.