Decision 1344S – State of California (Department of Veterans Affairs)

SF-CE-199-S

Decision Date: August 19, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30154

Decision Headnotes

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

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.