Decision 1235S – State of California (Board of Equalization)
SA-CE-950-S
Decision Date: November 24, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of unfair practice charge against the state alleging that it unilaterally relocated an office without giving the union notice and an opportunity to negotiate.
Disposition: Dismissed. Union failed to make a timely demand to bargain.
Perc Vol: 22
Perc Index: 29018
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Where exclusive representative received several forms of notice from the employer, but did not indicate a desire to bargain until a month after the change was implemented, the exclusive representative failed to make a timely demand to bargain; p. 3; p. 3, dismissal letter.
602.02000 – Prior Notice and Opportunity to Bargain
Notice of a proposed change must be given to an official of the employee organization who has authority to act on behalf of the organization; notice must be communicated in a manner which clearly informs the recipient of the proposed change; and notice must be given sufficiently in advance of a firm decision to make a change to allow the exclusive representative a reasonable amount of time to decide whether to make a demand to negotiate; p. 2, warning letter. Where exclusive representative received several forms of notice from the employer, but did not indicate a desire to bargain until a month after the change was implemented, the exclusive representative failed to make a timely demand to bargain; p. 3; p. 3, dismissal letter.
606.15000 – Other
Exclusive representative sought to have negotiations referred to the main bargaining table; although exclusive representative has the right to negotiate the effects of proposed changes on matters within the scope of representation, upon request, it may not dictate the setting in which such negotiations must occur; p. 3.
608.02000 – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct
Exclusive representative sought to have negotiations referred to the main bargaining table; although exclusive representative has the right negotiate the effects of proposed changes on matters within the scope of representation, upon request, it may not dictate the setting in which such negotiations must occur; p. 3 .