Decision 1328S – State of California (Department of Mental Health)

SF-CE-179-S

Decision Date: April 26, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30100

Decision Headnotes

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.17000 – Failure to Provide Information

No violation of the duty to provide information where charging party fails to allege it made specific demands for the information; p. 3, warning letter.

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

Under the totality of the circumstances test, charging party failed to state a prima facie case by failing to demonstrate that the State did anything improper; p. 4, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charge was dismissed as untimely pursuant to Government Code section 3514.5(a) when alleged unlawful conduct occurred more than six months before date charge was filed; p. 2, warning letter.