Decision 2130S – State of California (Department of Personnel Administration)

SA-CE-1621-S

Decision Date: September 20, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 137

Decision Headnotes

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Upon impasse, an employer may implement a term of agreement provision contained in its last, best and final offer (LBFO) unless implementation would waive or limit the union’s right to bargain should impasse be broken. No Dills Act violation when State employer did not implement the three-year term of agreement provision in its LBFO and, even if it had, the provision would not have waived or limited the union’s right to bargain upon breaking of impasse. Dills Act section 3517.8(b) allows the State employer to implement “any or all” of its LBFO upon impasse. The requirement that implemented terms be “reasonably comprehended” within the LBFO applies only to terms that are actually implemented; to apply the requirement to terms not implemented would be contrary to the plain language of section 3517.8(b). Thus, the State did not violate the Dills Act by failing to implement a paid union leave provision contained in its LBFO.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

Union waived its right to pursue future claims against the State employer for State’s failure to implement union leave provisions of its last, best, and final offer. Union entered into a written union leave agreement that contained a clause which explicitly waived the union’s right to pursue future claims on the subject. Because the plain language of the agreement constituted a clear and unmistakable waiver of all future claims, the Board did not consider the bargaining history of the agreement presented by the union.