Decision 1562S – State of California (Department of Parks and Recreation)
Decision Date: December 8, 2003
Decision Type: PERB Decision
Description: Union alleged that State violated Dills Act by unilaterally implementing a new aquatic safety policy. Board found that charge should be deferred to arbitration.
Disposition: Board dismissed charge and deferred matter to arbitration.
Perc Vol: 28
Perc Index: 25
1102.01000 – Pre-Arbitration
Union argued that state’s unilateral implementation of a new policy pending arbitration over whether the policy was negotiable constituted a separate and distinct unfair practice that was not deferrable. Board rejected union’s argument on the grounds that the state’s unilateral implementation would only constitute an unfair practice if it was negotiable, which was precisely the issue deferred to arbitration. Accordingly, entire charge was deferrable.