Decision 1205S – State of California (Department of Health Services)
SA-CE-933-S
Decision Date: June 19, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that employer unilaterally changed working conditions.
Disposition: Dismissed. Union failed to demonstrate that a change in working conditions had occurred.
Perc Vol: 21
Perc Index: 28117
Decision Headnotes
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.
606.01000 – 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.
606.05000 – 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.
1100.05000 – 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.
1107.01000 – 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.
1107.07000 – 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.
1503.03000 – 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.