Decision 1291S – State of California (Department of Motor Vehicles)
LA-CE-418-S
Decision Date: October 9, 1998
Decision Type: PERB Decision
Description: State appealed Board agent’s decision finding that the State had violated the Dills Act by establishing new performance standards without complying with provisions of expired MOU between State and CSEA.
Disposition: Violation found. Board adopted Board agent’s decision.
Perc Vol: 22
Perc Index: 29173
Decision Headnotes
602.03000 – Change In Policy
Employer's unilateral imposition of performance standards in a manner inconsistent with provisions of expired collective bargaining agreement had continuing impact on a matter within the scope of representation and constituted unlawful unilateral change; pp. 3-4. Provisions of expired collective bargaining agreement covering the development and establishment of performance standards constitute past practice of the parties until such time as bargaining over a successor agreement has been completed by either reaching agreement or concluding impasse proceedings; p. 3, fn. 2.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Employer's unilateral imposition of performance standards in a manner inconsistent with provisions of expired collective bargaining agreement had continuing impact on a matter within the scope of representation and constituted unlawful unilateral change; pp. 3-4.
602.01000 – In General
Employer's unilateral imposition of performance standards in a manner inconsistent with provisions of expired collective bargaining agreement had continuing impact on a matter within the scope of representation and constituted unlawful unilateral change; pp. 3-4.
602.06000 – Change in Past Practice
Employer's unilateral imposition of performance standards in a manner inconsistent with provisions of expired collective bargaining agreement had continuing impact on a matter within the scope of representation and constituted unlawful unilateral change; pp. 3-4. Provisions of expired collective bargaining agreement covering the development and establishment of performance standards constitute past practice of the parties until such time as bargaining over a successor agreement has been completed by either reaching agreement or concluding impasse proceedings; p. 3, fn. 2.
1000.02017 – Case Load
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memoradum expressing management's "expectations" implicitly notified employees that failure to attain expectations would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec.
1000.02030 – Disciplinary Procedures
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memorandum expressing management's "expectations" implicitly notified employees that failure to attain expectations would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec.
1000.02125 – Salaries or Wages
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memorandum expressing management's "expectations" implicitly notified employees that failure to attain expections would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec.
1000.02159 – Workloads
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memorandum expressing management's "expectations" implicitly notified employees that failure to attain expectations would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec.