State of California (Department of Youth Authority) (PERB 1483S)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA STATE EMPLOYEES
ASSOCIATION, LOCAL 1000, SEIU, AFL-CIO,
CLC,
Charging Party,
STATE OF CALIFORNIA (DEPARTMENT OF
YOUTH AUTHORITY),
Respondent.
Case No. SA-CE-1294-S
PERB Decision No. 1483-S
June 6, 2002
Appearances: Bill Kelly, Senior Labor Relations Representative, for California State
Employees Association, Local 1000, SEIU, AFL-CIO, CLC; State of California (Department
of Personnel Administration) by Barrett W. McInerney, Labor Relations Counsel, for State of
California (Department of Youth Authority).
Before Baker, Whitehead and Neima, Members.
DECISION
BAKER, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal by the California State Employees Association, Local 1000, SEIU, AFL-
CIO, CLC of a Board agent's dismissal of its unfair practice charge. The charge alleged that
the State of California (Department of Youth Authority) violated the Ralph C. Dills Act (Dills
Act) by failing to bargain over the decision and impact of changes in teacher assignments.
The Dills Act is codified at Government Code section 3512 et seq.

After review of the entire record in this matter, the Board reverses the Board agent's
dismissal and remands the case to the PERB General Counsel's office for further investigation
and processing consistent with this decision.
DISCUSSION
The Board agent dismissed the charge on the ground that the charge must be deferred to
the grievance arbitration machinery contained in the parties' collective bargaining agreement
in accordance with the Board's precedent in Lake Elsinore School District (1987) PERB
Decision No. 646 (Lake Elsinore).
As the Board has recently decided State of California (Department of Food and
Agriculture) (2002) PERB Decision No. 1473-S (Food and Agriculture), which overruled
Lake Elsinore, it is necessary to remand the case to the General Counsel's office for further
processing consistent with the Board's decision in Food and Agriculture.
ORDER
The Board REVERSES the Board agent's dismissal of the unfair practice charge in
Case No. SA-CE-1294-S and REMANDS the case to the PERB General Counsel's office for
further processing consistent with this decision.
Members Whitehead and Neima joined in this Decision.
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