Decision 2524M – Salinas Valley Memorial Healthcare System
SF-CE-857-M
Decision Date: March 21, 2017
Decision Type: PERB Decision
Description: The ALJ dismissed an unfair practice complaint alleging that the respondent unilaterally changed its policies regarding the rebidding of schedules and shifts. The charging party filed exceptions.
Disposition: The Board affirmed the dismissal of the complaint. Although the Board disagreed with the ALJ that there was a waiver of the right to bargain as a result of the failure by a predecessor exclusive representative to request bargaining, the Board concluded that the respondent’s actions were consistent with its established rebidding policy.
Perc Vol: 41
Perc Index: 154
Decision Headnotes
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
Union was not bound by its predecessor’s acquiescence in a past practice, and was permitted to demand to bargain over the practice.
602.01000 – In General
In a unilateral change case, a policy may be established by written agreement, written employer rules or regulations, or regular and consistent past practice.
602.01000 – In General
A change in certification does not relieve the employer of its duty to maintain the status quo until such time as it reaches an agreement with the new union or a lawful impasse occurs.
602.01000 – In General
PERB has always recognized newly created, implemented or enforced policy as subject to its unilateral action doctrine.
602.01000 – In General
Although employer was obligated to meet and confer over its rebidding policy after union demanded to bargain, the employer did not commit a unilateral change by proceeding with a rebid that was consistent with its past practice.
602.06000 – Change in Past Practice
A change in certification does not relieve the employer of its duty to maintain the status quo, including unwritten past practices, until such time as it reaches an agreement with the new union or a lawful impasse occurs.
608.05000 – Past Practice; Maintenance of Status Quo
Although employer was obligated to meet and confer over its rebidding policy after union demanded to bargain, the employer did not commit a unilateral change by proceeding with a rebid that was consistent with its past practice.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party abandoned an exception concerning the ALJ’s denial of motion to amend the complaint by subsequently specifying that it was only seeking a determination on certain issues raised by its exceptions.
1107.17000 – Advisory Opinions
PERB does not issue advisory opinions, but declaratory relief is not an advisory opinion, as it resolves an actual dispute or controversy between parties. Neither the Board’s precedent nor its enabling statutes constrain the Board from providing declaratory relief.
1406.00000 – In General
Unilateral change case was not rendered moot by the charging party’s disclaimer of interest in a bargaining order or restoration of the status quo ante.