Decision 2152S – State of California (Department of Personnel Administration)

LA-CE-664-S

Decision Date: December 16, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 17

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
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.

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
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.

601.00000 – 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

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.

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

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.