Decision 1251S – State of California (Department of Motor Vehicles)

SA-CE-897-S

Decision Date: February 25, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29062

Decision Headnotes

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

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

602.00000 – 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

Unilateral change requires a demonstration that a past practice existed and that it was modified.