Decision 2152S – State of California (Department of Personnel Administration)
LA-CE-664-S
Decision Date: December 16, 2010
Decision Type: PERB Decision
Description: Charging party alleged violation of the Dills Act when the State implemented a furlough plan.
Disposition: The Board affirmed the Board agent’s dismissal based on the California Supreme Court’s finding that the Legislature ratified the Governor’s furlough plan when it adopted the Budget Act.
Perc Vol: 35
Perc Index: 17
Decision Headnotes
100.01000 – In General
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process.
100.03000 – Purpose of the Act
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process.
602.01000 – In General
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process.
602.02000 – Prior Notice and Opportunity to Bargain
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process.
1100.06000 – Withdrawal of Charge
The Board has discretion to grant or deny requests to withdraw or dismiss cases pending before the Board itself. Where the charge presented significant legal issues and the issuance of a decision on the matter would provide guidance to similar cases also pending before PERB, the request to withdraw was denied.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
The Board has discretion to grant or deny requests to withdraw or dismiss cases pending before the Board itself. Where the charge presented significant legal issues and the issuance of a decision on the matter would provide guidance to similar cases also pending before PERB, the request to withdraw was denied.