Decision 1758S – State of California (Board of Prison Terms)
SA-CE-1437-S
Decision Date: March 24, 2005
Decision Type: PERB Decision
Description: Allegation of refusal to bargain, retaliation and bad faith bargaining in violation of Dills Act.
Disposition: No retaliation, or bad faith bargaining where state had right to change portal-to-portal policy under entire agreement clause. Where no information provided to show that state was not in ongoing negotiations for successor agreement there was no indication of impasse and no flat refusal to bargain. Lack of response to one proposal does not establish a violation of the Dills Act.
Perc Vol: 29
Perc Index: 103
Decision Headnotes
504.03000 – Departure from Past Practices or Procedures
No retaliation or bad faith bargaining where State had right to change portal to portal policy under entire agreement clause. Where no information to show State was not in ongoing negotiations for successor agreement, no impasse declared and no flat refusal to bargain, lack of response to date on one proposal did not establish violation of Dills Act.
605.01000 – Outright Refusal to Bargain
No outright refusal to bargain shown where State had not responded to one particular proposal in several months, negotiations were ongoing, impasse had not been declared and charging party did not include any facts related to other proposals or the total negotiations.
606.01000 – In General
No outright refusal to bargain shown where State had not responded to one particular proposal in several months, negotiations were ongoing, impasse had not been declared and charging party did not include any facts related to other proposals or the total negotiations.
608.05000 – Past Practice; Maintenance of Status Quo
Entire agreement clause waiving right to bargain the decision survives expiration of the MOU due to operation of Dills Act section 3517.8.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Entire agreement clause waiving right to bargain the decision survives expiration of the MOU due to operation of Dills Act section 3517.8.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Entire agreement clause waiving right to bargain the decision survives expiration of the MOU due to operation of Dills Act section 3517.8.