Decision 1296S – State of California (Department of Personnel Admin)

SA-CE-1038-S

Decision Date: October 22, 1998

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30009

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

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

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.

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

602.00000 – 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

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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.