Decision 2062S – State of California (Department of Developmental Services and Office of Protective Services)
Decision Date: September 14, 2009
Decision Type: PERB Decision
Description: The complaint alleged that the State of California (Department of Developmental Services & Office of Protective Services) violated the Dills Act by: (1) replacing a security tower with a security booth, and (2) dismantling other security towers and replacing them with surveillance cameras, without prior notice and an opportunity to meet and confer over the effects of these changes.
Disposition: The Board upheld the dismissal of the complaint, on the ground that the union failed to timely request bargaining over the negotiable effects of its decisions.
Perc Vol: 33
Perc Index: 155
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
A union must make a demand to bargain over the effects of a unilateral change that clearly identifies the subjects of impact within the scope of bargaining. The Board will not presume an effect on negotiable terms and conditions of employment as a result of an employer change.
601.03000 – Decision vs Effects Bargaining
While the union objected to the employer’s decisions to demolish a security tower and to install surveillance cameras, it did not make a demand to bargain that identified any specific negotiable effects of the decisions. Accordingly, the employer did not violate the Dills Act by refusing to bargain over the effects of its decisions.