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Decision 1611M – City and County of San Francisco

SF-CE-53-M

Decision Date: April 2, 2004

Decision Type: PERB Decision

Description:  Union alleged that city violated MMBA by unilaterally changing the discipline imposed for first-time violations.  Board found that charge failed to establish change in policy or practice.

Disposition:  Board dismissed charge.

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Perc Vol: 28
Perc Index: 120

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Union failed to establish City had past practice of offering “last chance” agreements to firefighters charged with a first offense relating to the use of alcohol. Two previous examples cited by union cannot be used as evidence of past practice since the settlement agreements in those cases expressly stated that they were non-precedent setting.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Union failed to establish City had past practice of offering “last chance” agreements to firefighters charged with a first offense relating to the use of alcohol. Two previous examples cited by union cannot be used as evidence of past practice since the settlement agreements in those cases expressly stated that they were non-precedent setting.