Decision 2018S – State of California (Department of Personnel Administration)

SA-CE-1667-S

Decision Date: April 7, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 71

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

PERB’s jurisdiction is limited and does not include the enforcement of other independent statutory schemes. Therefore, PERB lacks the jurisdiction over alleged labor code disputes.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB’s jurisdiction is limited and does not include the enforcement of other independent statutory schemes. Therefore, PERB lacks the jurisdiction over alleged labor code disputes.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB’s jurisdiction is limited and does not include the enforcement of other independent statutory schemes. Therefore, PERB lacks the jurisdiction over alleged labor code disputes.

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

Generally, an employer cannot change matters within the scope of representation without first providing the exclusive representative notice and opportunity to negotiate. Once impasse is reached under the Dills Act, however, an employer may take unilateral action to implement “any or all” of the proposals contained in its last best and final offer (LBFO). In such cases, the unilateral adoptions must be reasonably comprehended within the pre-impasse proposals. Moreover, if a proposal contained in the LBFO conflicts with existing law or requires the expenditure of funds, the proposal must be approved by the Legislature.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

Generally, an employer cannot change matters within the scope of representation without first providing the exclusive representative notice and opportunity to negotiate. Once impasse is reached under the Dills Act, however, an employer may take unilateral action to implement “any or all” of the proposals contained in its LBFO. In such cases, the unilateral adoptions must be reasonably comprehended within the pre-impasse proposals. Moreover, if a proposal contained in the LBFO conflicts with existing law or requires the expenditure of funds, the proposal must be approved by the Legislature.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Generally, an employer cannot change matters within the scope of representation without first providing the exclusive representative notice and opportunity to negotiate. Once impasse is reached under the Dills Act, however, an employer may take unilateral action to implement “any or all” of the proposals contained in its LBFO. In such cases, the unilateral adoptions must be reasonably comprehended within the pre-impasse proposals. Moreover, if a proposal contained in the LBFO conflicts with existing law or requires the expenditure of funds, the proposal must be approved by the Legislature. A proposal to increase the mileage reimbursement rate for state employees constitutes an expenditure of funds and, therefore, such an increase in a LBFO may not be implemented until approved by the Legislature.