Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2745M	County of Sacramento 1202.01000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board When resolving exceptions to a proposed decision, the Board applies a de novo standard of review. Under this standard, the Board reviews the entire record and is free to make different factual findings and reach different legal conclusions than those in the proposed decision. (p. 10.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations The employer did not have sufficient notice to defend against an unalleged unilateral change theory because the union did not raise the theory during PERB’s investigatory or hearing process or in its post-hearing brief. On multiple occasions, the union referred only to allegations that the employer had engaged in surface bargaining. (pp. 15-16.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations PERB may consider an unalleged violation if: (1) the respondent has had adequate notice and opportunity to defend against the unalleged matter; (2) the unalleged conduct is intimately related to the subject matter of the complaint; (3) the matter has been fully litigated; (4) the parties have had the opportunity to examine and be cross-examined on the issue; and (5) the unalleged violation occurred within the same limitations period as those matters alleged in the complaint. (p. 14.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.04000: CASE PROCESSING PROCEDURES; COMPLAINT; Amendments PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.03000: CASE PROCESSING PROCEDURES; COMPLAINT; Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint A proposed decision must address the allegations included in the complaint or justify why those allegations need not be addressed. (p. 16.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.03000: CASE PROCESSING PROCEDURES; COMPLAINT; Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.02000: CASE PROCESSING PROCEDURES; COMPLAINT; Issuance of Complaint A proposed decision must address the allegations included in the complaint or justify why those allegations need not be addressed. (p. 16.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.02000: CASE PROCESSING PROCEDURES; COMPLAINT; Issuance of Complaint A complaint alleging surface bargaining typically states that, by the totality of its conduct, including but not limited to the conduct described in the complaint, the respondent failed and refused to meet and confer in good faith. In contrast, a complaint alleging a unilateral change—a per se violation—typically states that the respondent changed policy without affording the exclusive representative prior notice or an opportunity to meet and confer over the change or its effects. (p. 12.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.02000: CASE PROCESSING PROCEDURES; COMPLAINT; Issuance of Complaint PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.01000: CASE PROCESSING PROCEDURES; COMPLAINT; In General A proposed decision must address the allegations included in the complaint or justify why those allegations need not be addressed. (p. 16.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.01000: CASE PROCESSING PROCEDURES; COMPLAINT; In General A complaint alleging surface bargaining typically states that, by the totality of its conduct, including but not limited to the conduct described in the complaint, the respondent failed and refused to meet and confer in good faith. In contrast, a complaint alleging a unilateral change—a per se violation—typically states that the respondent changed policy without affording the exclusive representative prior notice or an opportunity to meet and confer over the change or its effects. (p. 12.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1103.01000: CASE PROCESSING PROCEDURES; COMPLAINT; In General PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1000.02145: SCOPE OF REPRESENTATION; Training Changes to job specifications, including training and certification requirements, are within the scope of representation. (p. 17.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages Wages are within the scope of representation. (p. 20.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1000.02074: SCOPE OF REPRESENTATION; Job Specifications Changes to job specifications, including training and certification requirements, are within the scope of representation. (p. 17.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 1000.02070: SCOPE OF REPRESENTATION; Job Descriptions Changes to job specifications, including training and certification requirements, are within the scope of representation. (p. 17.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 804.02000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000) Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 804.01000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 804.01000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.) more or view all topics or full text.	45	39	09/18/20
2745M	County of Sacramento 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession Changes to job specifications, including training and certification requirements, are within the scope of representation unless the change is imposed by an outside agency or required to comply with an inflexible law or other immutable provision. (pp. 17-18.) Exception did not apply when State law set specific requirements for certain emergency personnel but did not discuss dispatchers at issue. (pp. 18-19.) Exception did not apply where a local agency, although granted authority to establish the policies and procedures at issue, was not an outside agency but a department of the same agency. (pp. 19-20.) more or view all topics or full text.	45	39	09/18/20