Decision 1244S – State of California (Department of Personnel Administration) (California Association of Professional Scientists)

SA-CE-806-S

Decision Date: January 27, 1998

Decision Type: PERB Decision

Description: State appealed proposed decision finding it had violated Dills act by unilaterally changing the vision care benefits of Union members without giving union notice and opportunity to negotiate.

Disposition: Dismissed. Union failed to demonstrate change in vision care had significant effect or Impact on actual benefits received by employees

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Perc Vol: 22
Perc Index: 29045

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02028 – Dental Insurance

A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13.

1000.00000 – SCOPE OF REPRESENTATION
1000.02059 – Health Plans

A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13. Board declines to find unilateral change in employee benefits where union fails to present any evidence of impact on actual vision care benefits or their cost to employees; p. 16.

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

A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13. Board declines to find unilateral change in employee benefits where union fails to present any evidence of impact on actual vision care benefits or their cost to employees; p. 16.

1000.00000 – SCOPE OF REPRESENTATION
1000.02154 – Vision Care Insurance

A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13.

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

In case involving unilateral change in vision benefits, limitation period does not begin to run until Union was notified of change in benefits to employees; notice that State intended to award new vision service plan contract was insufficient; p. 8.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

In case involving unilateral change in vision benefits, limitation period does not begin to run until Union was notified of change in benefits to employees; notice that State intended to award new vision service plan contract was insufficient; p. 8.