Decision 1344S – State of California (Department of Veterans Affairs)
SF-CE-199-S
Decision Date: August 19, 1999
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the State of California (Department of Veterans Affairs) violated the Dills Act by unilaterally changing the work weeks of Activity Coordinators at the Veterans Home In Yountville.
Disposition: Dismissal. Parties’ agreement permits challenged conduct.
Perc Vol: 23
Perc Index: 30154
Decision Headnotes
602.06000 – Change in Past Practice
No violation found where the parties' expired memorandum of understanding provided that workweeks and workdays may be scheduled by the State in order to meet the needs of the State, so long as the State does not alter or change shifts for the purpose of avoiding overtime, and provided that it gives no less than 15 calendar days' notice of permanent shift changes. Where supervisor informed Activity Coordinators, pursuant to contractual requirements, that permanent schedule changes would take place during the following month, and announced those changes more than 15 days later, it had no obligation to meet and discuss those changes.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No violation found where the parties' expired memorandum of understanding provided that workweeks and workdays may be scheduled by the State in order to meet the needs of the State, so long as the State does not alter or change shifts for the purpose of avoiding overtime, and provided that it gives no less than 15 calendar days' notice of permanent shift changes. Where supervisor informed Activity Coordinators, pursuant to contractual requirements, that permanent schedule changes would take place during the following month, and announced those changes more than 15 days later, it had no obligation to meet and discuss those changes.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
No violation found where the parties' expired memorandum of understanding provided that workweeks and workdays may be scheduled by the State in order to meet the needs of the State, so long as the State does not alter or change shifts for the purpose of avoiding overtime, and provided that it gives no less than 15 calendar days' notice of permanent shift changes. Where supervisor informed Activity Coordinators, pursuant to contractual requirements, that permanent schedule changes would take place during the following month, and announced those changes more than 15 days later, it had no obligation to meet and discuss those changes.