Decision 2598Sa – State of California (Department of Corrections and Rehabilitation)
Decision Date: January 18, 2022
Decision Type: PERB Decision
Description: In State of California (Department of Corrections & Rehabilitation) (2018) PERB Decision No. 2598-S, the Board concluded that the Department of Corrections and Rehabilitation (CDCR) interfered with (1) an employee’s right to be represented by her union, the California Association of Psychiatric Technicians (CAPT), prior to and during an invasive body search; and (2) CAPT’s corresponding right to represent employees prior to and during such searches. The Board found that CDCR thereby violated the Dills Act section 3519, subdivisions (a) and (b). CDCR filed a writ petition with the Court of Appeal for the Third Appellate District. In an unpublished opinion and order in Department of Corrections and Rehabilitation v. Public Employment Relations Bd. (October 4, 2021, No. C088562, 2021 WL 4519682), the Court of Appeal affirmed the Board’s conclusion that CDCR violated the Dills Act, but the Court modified the wording of the Board’s remedial order. Specifically, the Court of Appeal held that the remedial order applies only in circumstances in which CDCR and its representatives either constitute the appointing authority or are acting as an employer and the employee reasonably fears discipline.
Disposition: In accordance with the Court of Appeal’s direction, the Board issued an order that fully supersedes its remedial order in State of California (Department of Corrections & Rehabilitation), supra, PERB Decision No. 2598-S.
Perc Vol: 46
Perc Index: 106