Decision 1205S – State of California (Department of Health Services)

SA-CE-933-S

Decision Date: June 19, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28117

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

No violation of Dills Act for unilateral change allegation, where charge fails to demonstrate what the existing flex-time policy was for employees with dock time; p. 2, partial dismissal and warning letter.

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 violation of Dills Act where charge contained conflicting statements (i.e., charge alleged both that department had failed to meet with charging party regarding employee's discipline, in violation of past practice, and that charging party was dissatisfied with meetings which occurred); p. 2, partial warning letter. Mere fact that delays occurred or that meetings were not satisfactory to charging party does not establish evidence of bad faith; p. 2, partial dismissal letter.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.05000 – Dilatory or Evasive Tactics

No violation of Dills Act where charge contained conflicting statements (i.e., charge alleged both that department had failed to meet with charging party regarding employee's discipline, in violation of past practice, and that charging party was dissatisfied with meetings which occurred); p. 2, partial warning letter. Mere fact that delays occurred or that meetings were not satisfactory to charging party does not establish evidence of bad faith; p. 2, partial dismissal letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown.

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

Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.07000 – Rulemaking Powers

Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown.

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

Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown.