Decision 2017S – State of California (Department of Personnel Administration)

SA-CE-1621-S

Decision Date: April 1, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 68

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

Requests for a party's thought process do not demonstrate a prima facie case.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

An employer may not unilaterally impose a waiver or limitation on a union's right to bargain.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation

Neither the Dills Act nor PERB regulations provides for a subsequent PERB administrative determination of impasse.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The allegation of bad faith bargaining was based entirely on conduct outside the six-month statute of limitations.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

The statute of limitations was not equitably tolled while the parties engaged in mandatory mediation.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

On appeal, the union presents new allegations in support of its claim that the employer retaliated against the union's officers and members. The union makes no attempt to demonstrate why good cause exists to consider these allegations on appeal.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32635(b). On appeal, the union presents new allegations in support of its claim that the employer retaliated against the union's officers and members. The union makes no attempt to demonstrate why good cause exists to consider these allegations on appeal.