Decision 1374S – State of California (Department of Youth Authority)

SA-CE-1107-S

Decision Date: February 28, 2000

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31059

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION 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.

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

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

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Derivative (a) and (b) violations appropriate in unilateral change of process for releasing union stewards to represent employees.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.