Decision 1296S – State of California (Department of Personnel Admin)
SA-CE-1038-S
Decision Date: October 22, 1998
Decision Type: PERB Decision
Description: State filed exceptions to Board agent’s proposed decision finding State violated the Dills Act when it unilaterally rescinded its past practice of providing increases in travel and mileage reimbursement to Unit 7 members.
Disposition: Violation found. State ordered to reinstate reimbursement policy end make whole any adversely affected Unit 7 members.
Perc Vol: 23
Perc Index: 30009
Decision Headnotes
1000.02088 – Mileage Reimbursement
Travel and mileage reinbursement rates are related to the enumerated subject wages and are subjects well-suited to the mediatory influence of negotiations for resolution of disputes. Absent evidence that negotiations over these subjects would significantly abridge an employer's ability to exercise its functions, therefore, they are negotiable; p. 21, proposed dec.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contract provision which is limited to "the term of this agreement" does not constitute a waiver permitting employer to unilaterally change past practice after expiration of the agreement; p. 3. Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause.
1101.03000 – Computation of Six-Month Period
Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause.
1000.02125 – Salaries or Wages
Travel and mileage reimbursement rates are related to the enumerated subject wages and are subjects well-suited to the mediatory influence of negotiations for resolution of disputes. Absent evidence that negotiations over these subjects would significantly abridge an employer's ability to exercise its functions, therefore, they are negotiable; p. 21, proposed dec.
602.01000 – In General
Contract provision which is limited to "the term of this agreement" does not constitute a waiver permitting employer to unilaterally change past practice after expiration of the agreement; p. 3.
602.02000 – Prior Notice and Opportunity to Bargain
Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause.
602.03000 – Change In Policy
Contract provision which is limited "to term of this agreement" does not constitute a waiver permitting employer to unilaterally change past practice after expiration of the agreement; p. 3.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract provision which is limited to "the term of this agreement" does not constitute a waiver permitting employer to unilaterally change past practice after expiration of the agreement; p. 3.
1402.04000 – By Acquiescence/Conduct
Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause.