Decision 2131S – State of California (Department of Corrections and Rehabilitation, Ventura Youth Correctional Facility)
Decision Date: September 21, 2010
Decision Type: PERB Decision
Description: CCPOA alleged that CDCR unilaterally changed the training policy when it directed an employee to complete an on-line training assignment at home.
Disposition: The Board affirmed the Board agent’s dismissal of the charge finding that CCPOA did not establish that the conduct was more than an isolated breach of the contract.
Perc Vol: 34
Perc Index: 138
602.03000 – Change In Policy
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.
602.06000 – Change in Past Practice
The on-the-job-training form suggests there is a policy or practice that training is done during work hours.
1000.02145 – Training
Mandatory on-line training is a matter within the scope of representation.
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.