Decision 1247S – State of California (Employment Development Department) (California State Employees Association)

LA-CE-404-S

Decision Date: January 28, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29048

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

Upon expiration of a contract, the employer must maintain certain terms and conditions of employment embodied in that contract until such time as bargaining over a successor agreement has been completed; p. 3. Employer's actions following expiration of the agreement do not "supplant" the agreement; pp. 3-4. Merely because the State had not chosen to enforce its contractual rights in the past does not mean that it is forever precluded from doing so; p. 5, partial dismissal letter.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Upon expiration of a contract, the employer must maintain certain terms and conditions of employment embodied in that contract until such time as bargaining over a successor agreement has been completed; p. 3. Employer's actions following expiration of the agreement do not "supplant" the agreement; pp. 3-4. Merely because the State had not chosen to enforce its contractual rights in the past does not mean that it is forever precluded from doing so; p. 5, partial dismissal letter.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – Job Duties

To show a unilateral change, the exclusive representative must show that the State altered job duties that are "reasonably understood" to be among the duties of the classification in question; pp. 2-3, partial dismissal letter.