Decision 1291S – State of California (Department of Motor Vehicles)

LA-CE-418-S

Decision Date: October 9, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29173

Decision Headnotes

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

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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

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

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.

602.00000 – 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

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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.