Decision 1213S – State of California (Department of Transportation)

SA-CE-775-S

Decision Date: June 26, 1997

Decision Type: PERB Decision

Description: Employer appealed finding that it unlawfully changed working conditions.

Disposition: Dismissed. Union’s charge must be deferred to binding arbitration.

Perc Vol: 21
Perc Index: 28125

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

Where employer wrote letter to exclusive representative on April 10, 1995, expressly stating that employer intended to implement new policy effective April 14, 1995, unilateral change is found to have occurred on April 10, 1995; pp. 9-10.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Under Lake Elsinore School District (1987) PERB Decision No. 646, PERB lacks jurisdiction over allegations in unfair practice charges covered by the grievance machinery of the parties' collective bargaining agreement and allegations must be deferred to contractual grievance procedure; p. 9. Where employer wrote letter to exclusive representative on April 10, 1995, expressly stating that employer intended to implement new policy effective April 14, 1995, unilateral change is found to have occurred on April 10, 1995; pp. 9-10.