Decision 1848S – State of California (Department of Corrections) * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M

SA-CE-1452-S

Decision Date: August 9, 2006

Decision Type: PERB Decision

* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M * * *

Perc Vol: 30
Perc Index: 150

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

No prima facie showing of bad faith or surface bargaining because staffing levels and the level of services to be provided are not a subject within the scope of representation.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

No prima facie violation of State’s duty to bargain effects where there is no evidence that the Union demanded to bargain the effects of the change in staffing levels or submitted proposals addressing safety concerns.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge.