Decision 1258S – State of California (Board of Equalization)
SA-CE-822-S
Decision Date: April 3, 1998
Decision Type: PERB Decision
Description: State appealed proposed decision finding State violated Dills Act by unlawfully implementing a change.
Disposition: Dismissed. Union failed to show State refused to bargain.
Perc Vol: 22
Perc Index: 29081
Decision Headnotes
602.02000 – Prior Notice and Opportunity to Bargain
Where employer unconditionally offers to meet with exclusive representative, the employer's cancellation of a meeting and referral to its attorney does not operate as a retraction of its offer. The onus is on the exclusive representative to follow up. Failure to do so means the charging party failed to meet its burden of proof.
603.04000 – Circumvention of Union; Direct Dealing With Employees
In order to sustain an allegation of unlawful bypassing, the charging party must demonstrate that the employer worked directly with bargaining unit members, and not the exclusive representative, to create a new policy or modify an existing policy affecting negotiable subjects of general application to unit members; p. 7.
1105.01000 – In General
Evidence Code Section 1152 and PERB Regulation 32176 preclude admission of settlement discussions; Where ALJ admits evidence of settlement offer for limited purpose of showing parties' knowledge but used the evidence to find a violation, the evidence should not be admitted; p. 9.
1503.03000 – Regulations Considered (By Number) (Continued)
Evidence Code Section 1152 and PERB Regulation 32176 preclude admission of settlement discussions; Where ALJ admits evidence of settlement offer for limited purpose of showing parties' knowledge but used the evidence to find a violation, the evidence should not be admitted; p. 9.