Headnote for 0823S, 601.01000 - In General, Per Se and Totality of Conduct; Prima Facie Case - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case

Single Topic for Decision 0823S

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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.)