On February 28th, 2018

PERB Issues Complaint Against DSH Following CSLEA’s Unfair Practice Charge CSLEA Protecting Hospital Police Officers Against Department Retaliation

 

By CSLEA Supervising Legal Counsel Dave De La Riva

SACRAMENTO - On February 16, 2018, the Public Employment Relations Board (PERB) issued a Complaint against the Department of State Hospitals - Atascadero State Hospital (DSH-ASH). The Complaint was the result of an Unfair Practice Charge filed by the California Statewide Law Enforcement Association (CSLEA) against DSH – ASH.  The Complaint alleges that:

  • DSH-ASH retaliated against two Hospital Police Officers involved in a grievance filed by CSLEA in 2015,
  • and that DSH-ASH denied CSLEA the opportunity to meet and confer with DSH-ASH about changes to the wages and working conditions of the same two individuals, as well as Investigator staff members.

The 2015 grievance ultimately was decided by an arbitrator in CSLEA's favor resulting in back pay to three Atascadero Hospital Police Officers who were working out-of-class as Investigators. After the arbitrator's decision in favor of CSLEA, DSH-ASH went on to dissolve the out-of-class assignment and required the officers to return to their Hospital Police Officer duties without allowing them to bid for their shifts and days off. In addition, DSH-ASH proceeded with these acts without formally notifying CSLEA of these changes, as is their obligation under the Ralph C. Dills Act.

As a result of the February 16, 2018 PERB Complaint, DSH-ASH will now have the opportunity to respond. CSLEA and DSH-ASH will then participate in settlement conference in late March.

 

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