Decision 1374S – State of California (Department of Youth Authority)
SA-CE-1107-S
Decision Date: February 28, 2000
Decision Type: PERB Decision
Description: Department appealed ALJ’s proposed decision which found that Department had violated the Dills Act.
Disposition: Affirmed. Department violated Dills Act when it changed past practice.
Perc Vol: 24
Perc Index: 31059
Decision Headnotes
300.14000 – Insistence on Released Time
To determine whether an employee is entitled to a particular union steward for representation, all relevant circumstances must be examined on a case-by-case basis. Here it was reasonable because it didn't cause inordinate use of release time it was part of longstanding practice, and steward was knowledgeable in area being discussed.
401.04000 – Access – Union Right
Absence of Dills statutory language on right of access is not a defense to State's unilateral change of access rights.
401.10000 – Released Time
To determine whether an employee is entitled to a particular union steward for representation, all relevant circumstances must be examined on a case-by-case basis. Here it was reasonable because it didn't cause inordinate use of release time it was part of longstanding practice, and steward was knowledgeable in area being discussed.
602.01000 – In General
Under section 3519(c), the State is obligated to meet and negotiate in good faith with a recognized representative about matters within the scope of representation. This section precludes an employer from making changes in the status quo without giving notice of its action to the appropriate exclusive representative. (Anaheim City School District (1983) PERB Decision No. 364; Pittsburg Unified School District (1982) PERB Decision No. 199.) In addition, such change must have a generalized effect or continuing impact on terms and conditions of employment. (Grant.) The issues in this case concern payment of wages in relationship to hours. Accordingly, the matter is within the scope of representation. (Jefferson School District (1980) PERB Decision No. 133, pp. 57-58.) Derivative (a) and (b) violations appropriate in unilateral change of process for releasing union stewards to represent employees.
602.02000 – Prior Notice and Opportunity to Bargain
Employer's letter requesting union to change designation of facilities to institutions for purpose of steward representation did not put union on notice that employer was going to unilaterally change the designations. Failure to file charge within 6 months of letter is not a waiver.
602.03000 – Change In Policy
Youth Authority's change of pattern of union representation at one institution is not a mere default in a contractual obligation but a change in policy.
608.12000 – Good Faith; DeMinimus; Temporary Change
Youth Authority's change of pattern of union representation at one institution is not a mere default in a contractual obligation but a change in policy.
1101.07000 – Waiver; Estoppel
Employer's letter requesting union to change designation of facilities to institutions for purpose of steward representation did not put union on notice that employer was going to unilaterally change the designations. Failure to file charge within 6 months of letter is not a waiver.
1103.12000 – Concurrent or Derivative Violations
Derivative (a) and (b) violations appropriate in unilateral change of process for releasing union stewards to represent employees.
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
Remedy for unilaterally changing steward release time policy was reinstatement of steward's lost time, cease and desist and posting.
1205.02000 – Access – Remedy for Unfair Practice
Remedy for unilaterally changing steward release time policy was reinstatement of steward's lost time, cease and desist and posting.
1205.03000 – Notices; Posting, Reading, and Mailing
Remedy for unilaterally changing steward release time policy was reinstatement of steward's lost time, cease and desist and posting.