Decision 2154S – State of California (Department of Corrections and Rehabilitation)
SA-CE-1595-S
Decision Date: December 30, 2010
Decision Type: PERB Decision
Description: The Board dismissed an unfair practice charge in which charging party alleged CDCR violated the Dills Act when it unilaterally removed retired annuitants from State Bargaining Unit 6 (BU 6) and refused to comply with a contractual obligation to withhold fair share fees from their paychecks.
Disposition: The Board held retired annuitants were never included in BU 6 and, therefore, were not unlawfully removed from BU 6 by CDCR. In addition, the Board held that since retired annuitants were not in BU 6, the State did not have a duty to collect agency fees from retired annuitants on behalf of the charging parties.
Perc Vol: 35
Perc Index: 22
Decision Headnotes
1309.01000 – In General/Definition of Appropriate Unit
Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit.
1310.01000 – In General
Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit. PERB is vested with the exclusive authority to determine appropriate bargaining units for State employees. Thus, to the extent the actions of the State Controller’s Office conflict, or are otherwise inconsistent, with PERB’s unit determinations, PERB’s determinations control.
1310.06000 – Unfair Practice and Unit Modification
Parties may not utilize the unfair practice procedure to circumvent the unit modification process.