Decision 1558S – State of California (Department of Motor Vehicles)

LA-CE-607-S

Decision Date: November 21, 2003

Decision Type: PERB Decision

Description:  Union alleged that State violated Dills Act by using existing security system as timekeeping device.  Board found that change was not within scope of representation.

Disposition:  Board dismissed charge.

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Perc Vol: 28
Perc Index: 16

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Refusal to provide information does not state prima facie case because check-in/check-out system is not negotiable and the charge does not demonstrate how the requested information is necessary and relevant to union’s right to represent bargaining unit members.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

Refusal to provide information does not state prima facie case because check-in/check-out system is not negotiable and the charge does not demonstrate how the requested information is necessary and relevant to union’s right to represent bargaining unit members.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Charge alleged that employer unilaterally implemented a timekeeping device by requiring employee to activate alarm system and to sign out at the end of workday. Board found dismissed charge on the grounds that a check-in/check-out system implemented for security purposes in not within the scope of representation unless there is an impact on the length of the workday.

1000.00000 – SCOPE OF REPRESENTATION
1000.02133 – Sign-in/Sign-out Policy

Charge alleged that employer unilaterally implemented a timekeeping device by requiring employee to activate alarm system and to sign out at the end of workday. Board found dismissed charge on the grounds that a check-in/check-out system implemented for security purposes in not within the scope of representation unless there is an impact on the length of the workday.