UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

Single Topic for Decision 1425E

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Where District has authority to reopen contract, Union conditioning bargaining based upon reopening of contract does not demonstrate evidence of bad faith under PERB's totality of conduct test. Although charge alleged Association refused to negotiate Peer Assistance Review unless the District agreed to waive its right to bargain under the zipper clause of the parties collective bargaining agreement, no "per se" conditional bargaining violation found where parties not at impasse pursuant to PERB Regulation 32793. Allegation of refusal to bargain in good faith dismissed where although proposal to reopen contract not acceptable to District where Association did not respond to District's letter offering dates to negotiate.