Headnote for 1516S, 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 1516S

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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

Per se test, for establishing that a party bargained in bad faith, is appropriate to use for outright refusal to bargain or a unilateral change. Not the case here where the State’s comments to press simply responded to concerns expressed by Assemblyman Cox and the Legislative Counsel over constitutionality of contracting-out provision, and the Department of Finance’s (DOF) May budget revisions were produced without any showing of the DOF’s knowledge of the tentative agreement. Board agent, therefore, properly applied a totality of circumstances test to the allegations in this case.