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

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Perc Vol: 23
Perc Index: 30031

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
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.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
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.

601.00000 – 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

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.)

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

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
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.