Decision 1318S – State of California (Employment Development Department)
SA-CE-1087-S
Decision Date: March 5, 1999
Decision Type: PERB Decision
Description: Union flied exceptions to Board agent’s proposed decision dismissing unfair practice charge and complaint alleging the State violated the Dills Act by changing policy concerning · compensation of on-call employees without providing Union with notice and opportunity to negotiate.
Disposition: Reversed. Board found that policy was established past practice and ordered State to cease and desist and reimburse affected employees for lost compensation.
Perc Vol: 23
Perc Index: 30073
Decision Headnotes
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.
1205.07000 – 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.