Decision 2111S – State of California (Department of Corrections and Rehabilitation, Avenal State Prison)

SA-CE-1703-S

Decision Date: June 3, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 91

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

The charge fails to allege facts demonstrating an established past practice for release time when negotiations conclude early.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

One useful approach in addressing the issue of surface bargaining is to consider the indicia of bad faith with a view to the extent to which the offending conduct obstructs and subverts, or tends to obstruct and subvert, the negotiations in the context of the entire course of bargaining.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

The bargaining team was granted release time for the duration of the bargaining session. When negotiations concluded early, the failure to release union bargaining team for a full day does not demonstrate surface bargaining.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Paid release time is a negotiable subject under the Dills Act. Release time is related to the enumerated subjects of wages and hours.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Where a charging party fails to allege that any specific section of the Government Code has been violated, the Board agent, upon review of the charge, may determine under what section the charge should be analyzed.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Where a charging party fails to allege that any specific section of the Government Code has been violated, the Board agent, upon review of the charge, may determine under what section the charge should be analyzed.