Decision 2238M – City of San Juan Capistrano

LA-CE-643-M

Decision Date: February 24, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 125

Decision Headnotes

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

Unilateral changes are considered “per se” violations if certain criteria are met. Those criteria are: (1) the employer breached or altered the parties’ written agreement or past practice; (2) the action was taken without giving the exclusive representative notice or an opportunity to bargain over the change; (3) the action is not merely an isolated incident, but amounts to a change of policy (i.e., having a generalized effect or continuing impact on terms and conditions of employment); and (4) the change in policy concerns a matter within the scope of representation.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

In the absence of a showing that alleged personnel rule violations amount to a change in policy having a generalized effect or continuing impact on the terms and conditions of employment of bargaining unit members, PERB has no jurisdiction over the charge and the charge must be dismissed.