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.

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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 – 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.

601.00000 – 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.