Decision 1337S – State of California (Water Resources Control Board)
SA-CE-1083-S
Decision Date: July 16, 1999
Decision Type: PERB Decision
Description: The Board concluded that the Water Resources Control Board violated the Dills Act when it unilaterally implemented a new Internet/Intranet usage policy without providing PECG with notice or an opportunity to bargain over that change.
Disposition: Violation.
Perc Vol: 23
Perc Index: 30136
Decision Headnotes
1101.01000 – In General
The limitations period begins to run on the date the charging party has actual or constructive notice of the respondent's clear intent to engage in the prohibited conduct. Charging Party heard rumors of a new policy and immediately began investigations outside the 6 month period. However the earliest date on the record that Charging Party had actually seen the new policy was within the statutory period.
1101.03000 – Computation of Six-Month Period
The limitations period begins to run on the date the charging party has actual or constructive notice of the respondent's clear intent to engage in the prohibited conduct. Charging Party heard rumors of a new policy and immediately began investigations outside the 6 month period. However the earliest date on the record that Charging Party had actually seen the new policy was within the statutory period.
602.03000 – Change In Policy
In the instant case the State's internet/intranet policy expanded the definitions of "incompatible uses of state facilities" and "misuse of state property." As a result, the State's internet/intranet usage policy constituted a negotiable departure from its existing statement of incompatible activities.
1000.02163 – Work Rules
Incompatible activities policy is a negotiable subject.
1000.02164 – Other
Incompatible activities policy is a negotiable subject.