Decision 1997S – State of California (Departments of Veterans Affairs and Personnel Administration)
SA-CO-278-S
Decision Date: December 22, 2008
Decision Type: PERB Decision
Description: Charging Party alleged that the Service Employees International Union, Local 1000 (SEIU), CSEA unilaterally changed the no-strike provision of the parties’ expired memorandum of understanding (MOU) by: (1) “condoning” a sick-out held by certified nurse assistants (CNA) in the skilled nursing unit of the Chula Vista Veterans Home; (2) failing to provide notice to union staff of the no-strike provisions of the MOU; and (3) failing to encourage the CNAs return to work.
Disposition: The Board affirmed the ALJ’s dismissal finding that although it is arguable that SEIU condoned the sick-out in this case and engaged in a one-time breach of the MOU, the record failed to show that SEIU made a unilateral change in policy.
Perc Vol: 33
Perc Index: 27
Decision Headnotes
301.01000 – In General
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.
301.04000 – Unfair Practice
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.
802.01000 – In General
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.
804.03000 – Strike as Unlawful Pressure Tactic
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.
1000.02093 – No-Strike Clause
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.