Decision 2062S – State of California (Department of Developmental Services and Office of Protective Services)

SA-CE-1660-S

Decision Date: September 14, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 155

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.