Decision 1825M – County of Riverside

LA-CE-40-M

Decision Date: March 1, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 78

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Unilateral change found. The parties negotiated and adopted a mutually agreeable process to resolve disputes over the grievability of the subject matter of grievances. Then, the County refused to abide by the language and refer issues of grievability to the State Mediation and Conciliation Service on 7 to10 grievances not including the one forming the basis of the charge. County rejected the proposals.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Unilateral change found. The parties negotiated and adopted a mutually agreeable process to resolve disputes over the grievability of the subject matter of grievances. Then, the County refused to abide by the language and refer issues of grievability to the State Mediation and Conciliation Service on 7 to10 grievances not including the one forming the basis of the charge. County rejected the proposals.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.02000 – Background Evidence and Matters Not Alleged

To address unalleged violations, all four requirements of the Tahoe-Truckee test must be met. (Tahoe-Truckee Unified School District (1988) PERB Decision No. 668.) In this case the four requirements were not fully discussed to provide a clear rationale for discussing issues not found in the complaint.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

To address unalleged violations, all four requirements of the Tahoe-Truckee test must be met. (Tahoe-Truckee Unified School District (1988) PERB Decision No. 668.) In this case the four requirements were not fully discussed to provide a clear rationale for discussing issues not found in the complaint.