Decision 2524M – Salinas Valley Memorial Heatlhcare System

SF-CE-857-M

Decision Date: March 21, 2017

Decision Type: PERB Decision

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Perc Vol: 41
Perc Index: 154

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

In a unilateral change case, a policy may be established by written agreement, written employer rules or regulations, or regular and consistent past practice.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

PERB has always recognized newly created, implemented or enforced policy as subject to its unilateral action doctrine.

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

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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – 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.