Decision 1329S – State of California (Department of Corrections)
LA-CE-507-S
Decision Date: May 3, 1999
Decision Type: PERB Decision
Description: Employees appealed Board agent’s dismissal of their unfair practice charge alleging the State violated the Dills Act when it unilaterally changed the sick leave policy and retaliated against them.
Disposition: Dismissed. Individuals did not have standing to allege unilateral change violations.
Perc Vol: 23
Perc Index: 30116
Decision Headnotes
503.01000 – In General
Although the State refused to provide specific criteria for a determination of "sick leave abuse" and "above average use" of sick leave, the parties' MOU does not require the State to define those terms further; thus, its failure to further define them is not an adverse action. The State's commending of employees for their more prudent use of sick leave is not an adverse action.
602.01000 – In General
Individual employees do not have standing to allege unilateral change violations. (Oxnard School District (Gorcey/Tripp) (1988) PERB Decision No. 667.
1100.03000 – Standing
Individual employees do not have standing to allege unilateral change violations. (Oxnard School District (Gorcey/Tripp) (1988) PERB Decision No. 667.
1101.06000 – Statutory and Equitable Tolling
No tolling where contract containing binding arbitration has expired.
1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32164 provides for joinder pursuant to a written application procedure. CSEA seeks to join the case on appeal, but since it has failed to comply with the provisions of this regulation, the Board denied the request for joinder.