Decision 2156S – State of California (Department of Corrections and Rehabilitation, Corcoran State Prison)

SA-CE-1783-S

Decision Date: January 19, 2011

Decision Type: PERB Decision

Description: The charge alleged that CDCR violate the Dills Act by negotiating bidding status of new positions at a meeting without the CCPOA chapter president in attendance.

Disposition: The Board affirmed the Board agent’s partial dismissal of the charge. The Board held that the meeting did not interfere with the chapter president’s or CCPOA’s rights, and that CCPOA failed to establish that bidding status of new positions had ever been negotiated with the chapter president.

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Perc Vol: 35
Perc Index: 26

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Charge failed to state a prima facie case of interference based on a meeting between union representatives and institution management to discuss bidding of new positions that the chapter president did not learn about until the following day. No interference with the chapter president’s rights because other chapter officers, not the employer, failed to inform the president of the meeting. No interference with the union’s rights because no facts alleged to show that the employer chose which union representatives would attend the meeting.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Charge failed to state a prima facie case of interference with the union’s rights because it alleged no facts establishing that the employer chose which union representatives would attend a meeting to discuss bidding of new positions.

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

Charge failed to state a prima facie case of unilateral change because it did not allege facts establishing that institution management had negotiated bidding of new positions with the local chapter president in the past.

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

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Charge failed to state a prima facie case of bypass because it did not allege facts establishing that actual or attempted negotiations occurred during a meeting between union representatives and management which the local chapter president did not attend.