Decision 1758S – State of California (Board of Prison Terms)

SA-CE-1437-S

Decision Date: March 24, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 103

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
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.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.