State of California

  M E M O R A N D U M

  REFERENCE CODE:
  98-062

  DATE:
  December 14, 1998

  TO:
  Accounting Officers
  Employee Relations Officers
  Personnel Management Liaison
  Travel and Relocations Liaisons

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  PERB Decision No. 1296-S 
  (Unfair Practice Case No. SA-CE-1038-S) 
  California Union of Safety Employees (CAUSE) v. State of 
  California (Department of Personnel Administration)

  CONTACT:
  Michael T. Navarro , Labor Relations Officer
  (916) 324-0505, CALNET 454-0505
  FAX: (916) 322-0765
  OFFICE VISION: DPA(MTNAVARR)
  INTERNET: MichaelNavarro@DPA.CA.GOV


  
  The Public Employment Relations Board (PERB) issued a final 
  decision in the above-entitled matter on October 22, 1998.  
  The PERB determined that the State violated the Dills Act 
  when it unilaterally rescinded what was determined to be a 
  contractually established practice requiring the State to 
  provide increases in business and travel expenses to 
  members of Unit 7 at the same time as they were provided to 
  excluded employees.
  
  PERB determined that by rescinding the practice without 
  first meeting and conferring with CAUSE, the State 
  committed a unilateral change that violated 3519 (c) of the 
  Act.  Secondly, because this action had the additional 
  effect of interfering with the right of the union to 
  represent its members, the failure to meet and confer in 
  good faith also violated section 3519 (b) of the Act.  PERB 
  also determined that Unit 7 members were unlawfully denied 
  travel rate reimbursement increases to which they were 
  entitled in violation of Section 3519 (a).
  
  Specifically, PERB determined that the employer committed 
  an unfair labor practice when, subsequent to July 1, 1997, 
  it continued to reimburse Unit 7 employees as follows:
  
  
  
  Breakfast$5.50
  Lunch$9.50
  Dinner$17.00
  Incidentals$5.00
  Mileage$.24/mile
  
  Consistent with PERB's order, all State agencies are 
  required to immediately take the following steps: 
  
  
  Effective July 1, 1997, all Unit 7 employees are 
  entitled to the following reimbursements:
  
  Breakfast$6.00
  Lunch$10.00
  Dinner$18.00
  Incidentals$6.00
  Mileage$.31/mile
  
  
  Immediately post the attached notice at all work 
  locations where notices to Unit 7 employees are 
  customarily posted.  Such posting shall be maintained 
  for a perid of thirty (30) consecutive workdays.  
  Reasonable steps shall be taken to ensure that the 
  Notice is not reduced in size, altered, defaced or 
  covered with any material.
  
  As of close of business December 30, 1998, every effort 
  should be made to make whole any Unit 7 employee who 
  incurred financial loss.  Please note that the employer 
  is also required to augment such make whole remedy by 
  interest at the rate of seven (7) percent per year. 
  
  Consequently, all travel claims for Unit 7 employees filed 
  between July 1, 1997, and now must be reviewed.  Employees 
  must be reimbursed the difference between the old rates and 
  the new rates plus interest, in accordance with the PERB 
  order.  Please note that the PERB order covers only those 
  increases described above.  Other changes, e.g. elimination 
  of the non-commercial lodging rate, are not covered by the 
  PERB order.
  
  Questions concerning this matter may be referred to Michael 
  Navarro at 324-0505 or Terrie Jordan at 324-9377.
  
  
  Michael T. Navarro
  Labor Relations Officer
  
  Attachments will be distributed via mail.