Decision 2162S – State of California (Department of Forestry and Fire Protection)
SA-CE-1735-S
Decision Date: February 10, 2011
Decision Type: PERB Decision
Description: The Board dismissed an unfair practice charge in which that charging party alleged the State violated the Dills Act when it failed to withhold fair share fees for retired annuitants employed in State Bargaining Unit 8 (BU 8).
Disposition: The Board held that retired annuitants performing work associated with BU 8 were not automatically placed in BU 8 by operation of the State Unit Determination case. In addition, the Board held that since retired annuitants were not in BU 8, the State did not have a duty to collect fair share fees on behalf of the charging parties.
Perc Vol: 35
Perc Index: 38
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.