Decision 1251S – State of California (Department of Motor Vehicles)
Decision Date: February 25, 1998
Decision Type: PERB Decision
Description: State appealed proposed decision finding State violated Dills Act by unilaterally eliminating a stipend for certain employees without affording Union notice and the opportunity to negotiate.
Disposition: Dismissed. Union failed to show any deviation from past practice or the parties’ memorandum of understanding.
Perc Vol: 22
Perc Index: 29062
602.01000 – In General
Charge was dismissed because the charging party failed to establish that the State breached or otherwise altered either the parties' written agreement or past practice; pp. 5-6.
602.03000 – Change In Policy
Where agreement provides that employees receive a stipend when certain conditions are met, and the charging party does not allege that employees who meet those conditions fail to receive the stipend, charging party has not demonstrated a unilateral change of the agreement; p. 6.
602.06000 – Change in Past Practice
Unilateral change requires a demonstration that a past practice existed and that it was modified.