All notes for Subtopic 606.19000 – Concealment/Misrepresentation
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2958M |
* * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
606.19000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Concealment/Misrepresentation
The City engaged in bad faith bargaining when it repeatedly and preemptively stated that union’s job protection proposals would be ineligible for interest arbitration. These statements were misrepresentations and amounted to an unsupportable and unilaterally announced ground rule that frustrated negotiations by artificially separating job protection proposals from all the other issues under discussion. (Cf. County of Ventura (2021) PERB Decision No. 2758-M, pp. 36-37 [county’s material misrepresentation evidenced bad faith bargaining]; City of Arcadia (2019) PERB Decision No. 2648-M, p. 40 [employer may not unilaterally establish ground rules]; City of San Jose (2013) PERB Decision No. 2341-M, pp. 19-20 [insistence on fragmented or “piecemeal” bargaining evidences bad faith because it arbitrarily limits the range of possible compromises].) In these circumstances, PERB rejected the City’s claim that it engaged in lawful hard bargaining and instead concluded that the City bargained in bad faith in violation of MMBA section 3506.5(c). (Consolidated Irrigation District (2024) PERB Decision No. 2905-M, p. 28 [“hard bargaining” defense fails if the totality of the circumstances shows that respondent’s bargaining conduct manifested bad faith].) (p. 32.) more or view all topics or full text. |
49 | 174 | 04/25/25 |
| 2758M |
County of Ventura
606.19000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Concealment/Misrepresentation
Misrepresenting facts is an indicator of bad faith. (p. 36.) more or view all topics or full text. |
45 | 87 | 03/23/21 |
| 2151H |
Trustees of the California State University
606.19000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Concealment/Misrepresentation
A party to a fact finding hearing does not violate EERA by failing to present all information that the other party wishes it would, or putting its own spin on the data. Charging party fails to present facts that establish the employer engaged in misrepresentation. Moreover, even if the allegation of misrepresentation is taken as true, a single indicia of bad faith is not sufficient to establish a prima facie case for bad faith bargaining under the totality of circumstances test. more or view all topics or full text. |
35 | 14 | 12/14/10 |