Decision 2210S – State of California (Department of Personnel Administration)

SA-CE-1754-S

Decision Date: October 13, 2011

Decision Type: PERB Decision

Description:  The charge alleged that the State of CA violated the Dills Act by unilaterally implementing a plan to furlough State employees three days a month pursuant to executive orders issued by then-Governor Arnold Schwarzenegger.

Disposition:  The Board affirmed the dismissal of the charge for failure to state a prima facie case of unlawful unilateral change based upon court authority.

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Perc Vol: 36
Perc Index: 64

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

Court rulings that the Dills Act does not limit the Legislature’s authority to enact unilateral changes to terms and conditions of employment are dispositive on issue of whether state unlawfully implemented plan to furlough state employees in specially funded agencies pursuant to Governor’s executive orders that were ratified by the Legislature.

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

Court rulings that the Dills Act does not limit the Legislature’s authority to enact unilateral changes to terms and conditions of employment are dispositive on issue of whether state unlawfully implemented plan to furlough state employees in specially funded agencies pursuant to Governor’s executive orders that were ratified by the Legislature.

1406.00000 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.00000 – In General

Request to place charge in abeyance pending decision of court of appeal is moot, where final decision has been issued.