On July 2nd, 2018

PERB Issues Complaint on Unfair Practice Charge Department of Toxic Substances Control failed to give notice of position reallocation

SACRAMENTO - On June 19, 2018, the Public Employment Relations Board (PERB) issued a complaint against the Department of Toxic Substances Control (DTSC) based on an Unfair Practice Charge filed by CSLEA. The charge alleged that DTSC violated State law by failing to provide notice of the reallocation of a CSLEA-bargaining unit represented position to one that was outside of the bargaining unit. On March 20, 2018, CLSEA notified CalHR that it had learned of the reallocated position. On April 11, 2018, DTSC confirmed the reallocation had occurred on February 27, 2018.  In light of the failure to notify CSLEA in advance of the change, CSLEA requested that DTSC restore the status quo which existed prior to the change. When DTSC failed to agree to the request, CSLEA filed the unfair practice charge.

The complaint issued by PERB alleges by virtue of DTSC's failure to provide advance notice, DTSC failed to meet and confer in good faith, interfered with the rights of bargaining unit employees to be represented by CSLEA, and denied CSLEA its right to represent bargaining unit employees, all in violation of State law.  DTSC has twenty (20) days to file an answer to the complaint.


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