Decision 1601S – State of California (Department of Personnel Administration)

SA-CO-237-S

Decision Date: February 24, 2004

Decision Type: PERB Decision

Description:  State alleged that union violated Dills Act by unilaterally changing its practice for authorizing its member to be on union leave.  Board adopted proposed decision finding that union violated Dills Act.

Disposition: Board found that union violated Dills Act.

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Perc Vol: 28
Perc Index: 87

Decision Headnotes

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

Prohibition against unilateral changes within the scope of representation apply to employee organizations. Union committee unfair practice by unilaterally changing its procedures for authorizing union leave. Board found that requiring union to negotiate over these procedures will not abridge union’s fundamental managerial prerogatives.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.01000 – In General

Prohibition against unilateral changes within the scope of representation apply to employee organizations. Union committee unfair practice by unilaterally changing its procedures for authorizing union leave. Board found that requiring union to negotiate over these procedures will not abridge union’s fundamental managerial prerogatives.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

Having to negotiate over the procedures for authorizing union leave does not abridge a fundamental union managerial prerogative. It is not an internal union affair because it impacts the employment relationship.