Decision 1347S – State of California (Department of Motor Vehicles)

SA-CE-1222-S

Decision Date: September 2, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30163

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unlawfully bypass exclusive representative when it met with employees to establish an alternate work schedule, pp. 2-3; warning letter.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unilaterally change working conditions when it implemented an alternate work schedule allowing employees to work a 4/10/40 schedule; pp. 2-3, warning letter. Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unilaterally change working conditions when it implemented an alternate work schedule allowing employees to work a 4/10/40 schedule; pp. 2-3, warning letter.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter.