Decision 1247S – State of California (Employment Development Department) (California State Employees Association) * * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M
LA-CE-404-S
Decision Date: January 28, 1998
Decision Type: PERB Decision
* * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M * * *
Description: Union appealed partial dismissal of unfair practice charge alleging state violated Dills Act by making unilateral changes.
Disposition: Dismissed. State’s action was consistent with expired agreement, most of which remained in effect during successor negotiations.
Perc Vol: 22
Perc Index: 29048
Decision Headnotes
602.06000 – Change in Past Practice
* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past contract expiration. * * *
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.
608.05000 – Past Practice; Maintenance of Status Quo
* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past contract expiration. * * *
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.
1000.02071 – Job Duties
* * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *
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.