UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Single Topic for Decision 0815E
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804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
* * * OVERRULED IN PART by Sweetwater Union High School District (2014) PERB Order No. IR-58, where the Board held that a union’s pre-impasse strike preparations do not indicate surface bargaining. * * *
No prima facie violation that the Association refused to provide necessary and relevant information where the District failed to allege the information is necessary and relevant to either the District's statutory duties or the District's structuring of economic proposals at the bargaining table; p. 13. No violation where the Association's alleged misrepresentations did not constitute either a threat of reprisal or force or promise of benefit; p. 12. The Board found the District's allegations that the Association's strike threat and strike preparation activities frustrated the negotiation process by coercing the District to make concessions constituted sufficient facts to state a prima facie violation of section 3543.6(d) of EERA; pp. 8-9. section 3543.6(d) of EERA; pp. 8-9.