EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Single Topic for Decision 1265E
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606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Association bargaining team members agreed to a tenatative agreement and to take it to their principals to secure ratification. When nearly half of the team members' actively campaigned against ratification of the agreement, the process was sufficiently undermined to call into question the good faith bargaining of the Association and states a prima facie case of bad faith bargaining. (Alhambra City and High School Districts (1986) PERB Decision No. 560, p. 14; Placerville Union School District (1978) PERB Decision No. 69); pp. 2-3.