Decision 1864S – State of California (State Personnel Board)

SA-CE-1295-S

Decision Date: November 14, 2006

Decision Type: PERB Decision

Description:  The complaint alleged that SPB violated the Ralph C. Dills Act by refusing to approve settlement agreements in disciplinary actions for employees in State of California (State) bargaining Units 12 and 13 who participated in collectively bargained board of adjustment procedures.

Disposition:  After establishing that the Board possessed jurisdiction, the Board reversed the proposed decision and dismissed the unfair practice charge and complaint because the Dills Act did not provide the claimed right.

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Perc Vol: 31
Perc Index: 11

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

No interference where the Dills Act does not provide the claimed right. Specifically, the State Supreme Court found it unconstitutional for parties to negotiate a process whereby ad hoc arbitral boards review discipline, even if the decision, couched as a “settlement,” is submitted to the SPB after the fact.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.02000 – Grievances/Grievance Procedure

No interference where the Dills Act does not provide the claimed right. Specifically, the State Supreme Court found it unconstitutional for parties to negotiate a process whereby ad hoc arbitral boards review discipline, even if the decision, couched as a “settlement,” is submitted to the SPB after the fact.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal

No interference where the Dills Act does not provide the claimed right. Specifically, the State Supreme Court found it unconstitutional for parties to negotiate a process whereby ad hoc arbitral boards review discipline, even if the decision, couched as a “settlement,” is submitted to the SPB after the fact.