Decision 2131S – State of California (Department of Corrections and Rehabilitation, Ventura Youth Correctional Facility)

SA-CE-1798-S

Decision Date: September 21, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 138

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

The on-the-job-training form suggests there is a policy or practice that training is done during work hours. Generally, the number of employees affected by a change does not alone determine whether the change has a generalized effect or continuing impact. PERB also considers whether the employer believes or acts as if it has a right to take the action without bargaining. The charge does not allege facts that demonstrates the employer believed or acted as if it had a right to direct employees to complete training outside duty hours. There is no indication of continued application of the at-home training requirement. As filed, the charge demonstrates only an isolated incident and not a change in policy.

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 on-the-job-training form suggests there is a policy or practice that training is done during work hours.

1000.00000 – SCOPE OF REPRESENTATION
1000.02145 – Training

Mandatory on-line training is a matter within the scope of representation.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charge was timely filed by facsimile within six months of when charging party learned of the alleged unilateral change.