Decision 2250S – State of California (Department of Corrections and Rehabilitation)
Decision Date: April 18, 2012
Decision Type: PERB Decision
Description: The unfair practice charge alleged that the employer violated the MMBA by failing to negotiate over scheduling changes of casework managers at the Division of Juvenile Justice and the scheduling of correctional officers and the California Rehabilitation Center. CCPOA appealed the dismissal of these charges. After the appeal was filed, the parties settled their dispute concerning the scheduling of casework specialists and requested that PERB dismiss CCPOA’s appeal.
Disposition: The Board dismissed the appeal regarding the scheduling of caseworkers and remanded to the Office of General Counsel for either issuance of a complaint or dismissal of the allegations regarding the schedule changes for correctional officers.
Perc Vol: 36
Perc Index: 156
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Where the Board agent fails to analyze sufficiency of allegations for purposes of establishing a prima facie case, the charge must be remanded to PERB’s Office of the General Counsel, either for issuance of a complaint or dismissal.