Decision 0823S – State of California (Department of Personnel Administration) (Association of California State Attorneys and Administrative Law Judges)
S-CE-410-S
Decision Date: June 29, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21135
Decision Headnotes
605.01000 – Outright Refusal to Bargain
A delay in making a firm counterproposal on salaries until after final adoption of the state budget is not a per se violation where the Governor's representative, as a part of his bargaining strategy, delays the proposal until he has had an opportunity to review the final budget in good faith. (Writ summarily denied.)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
A per se violation of section 3517, which imposes upon the state the obligation to bargain in good faith, does not occur when there is a delay in making a firm counterproposal on salaries until after final adoption of the state budget. Also, such a delay, by itself, does not constitute evidence, under the totality of conduct test, that a party lacked the subjective intent to reach an agreement. (Writ summarily denied.)
606.11000 – Failure to Provide Counter-Proposals
Where the totality of the conduct of the parties evidences an intent to reach an agreement consistent with their obligation under section 3517 of the Act, a delay in making a firm salary proposal does not, by itself, indicate a lack of intent to reach such an agreement. (Writ summarily denied.)