Decision 1329S – State of California (Department of Corrections)

LA-CE-507-S

Decision Date: May 3, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30116

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees do not have standing to allege unilateral change violations. (Oxnard School District (Gorcey/Tripp) (1988) PERB Decision No. 667.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

No tolling where contract containing binding arbitration has expired.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.