Decision 1305S – State of California (Department of Personnel Administration) (International Union of Operating Engineers)
SA-CE-1005-S
Decision Date: December 22, 1998
Decision Type: PERB Decision
Description: State fled exceptions to Board agent’s proposed decision which found the State violated the Dills Act when it refused to negotiate on a statewide basis with the Union and insisted bargaining take place at the departmental level.
Disposition: Reversed. Board dismissed charge and complaint.
Perc Vol: 23
Perc Index: 30031
Decision Headnotes
201.01000 – In General
Dills Act section 3513(j) defines the State employer for purposes of bargaining as the Governor or his designated representatives. As the Governor's designee, DPA may in turn delegate bargaining authority to State agencies or departments, at its discretion.
201.02000 – Agents (See also 1400)
Dills act section 3513(j) defines the State employer for purposes of bargaining as the Governor or his designated representatives. As the Governor's designee, DPA may in turn delegate bargaining authority to State agencies or departments, at its discretion.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
In considering allegations that a party has failed to negotiate in good faith, the Board generally reviews the totality of the circumstances involved. However, certain acts have such potential to frustrate negotiations that they are considered per se violations of the duty to bargain in good faith. (Pajaro Valley Unified School District (1978) PERB Decision No. 51.)
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Dills Act section 3513(j) defines the State employer for purposes of bargaining as the Governor or his designated representatives. As the Governor's designee, DPA may in turn delegate bargaining authority to State agencies or departments, at its discretion. There is no evidence that such delegation is either a subject within the scope of bargaining or that this delegation has interfered with the State's obligation to bargain in good faith. A specific delegation of bargaining may be unlawful if it is found to be inconsistent with the obligation to bargain in good faith. The Board reviews the totality of the circumstances to determine whether there are sufficient objective indicia of a subjective intention to participate in good faith in the bargaining process and to reach agreement, or, conversely, of an intent to frustrate or avoid the bargaining process. agreement, or, conversely, of an intent to frustrate or avoid the bargaining process. respondent engaged in unlawful conduct. (Id. at p. 5.) Charging Party's assertion that ". . . department wide bargaining on this issue would severely restrain the Union due to the costs and time associated with bargaining with the multitude of departments that employ Unit members" is insufficient to show that DPA's delegation of bargaining to individual departments presents a clear and present danger to that process.
1400.02000 – Employer Responsibility
Dills Act section 3513(j) defines the State employer for purposes of bargaining as the Governor or his designated representatives. As the Governor's designee, DPA may in turn delegate bargaining authority to State agencies or departments, at is discretion.