Decision 1318S – State of CA (Employment Development Dept)

SA-CE-1087-S

Decision Date: March 5, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30073

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

A change that is pervasive and predominate within a division of a state agency is sufficient to constitute a generalized impact; pp. 9-11. The defense that the past practice was unauthorized and violated stated policy was not supported by the record in this case and was rejected; p. 11.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

In a unilateral change case, the State is ordered to reimburse agency employees for any lost compensation they would have received had the State not unlawfully modified its compensation practices for on-call employees with seven (7) percent interest per annum, plus posting; p. 13.