EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Failure to Provide Counter-Proposals
Single Topic for Decision 2243E
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606.11000 – Failure to Provide Counter-Proposals
A charge that alleged that the college district came to bargaining sessions without any proposals or counter-proposals failed to state a prima facie case; where charge failed to allege facts regarding what proposals the college district failed to make or respond to, and how the college district’s failure to make proposals or counter-proposals demonstrated a “take-it-or-leave-it” attitude, the charging party failed to satisfy its burden; PERB has held that an employer is not obligated to make a counter-proposal to a union’s proposal that is predictably unacceptable; where the charge failed to allege facts regarding what proposals were made by the union, therefore making it impossible to determine whether the college district had any obligation to respond to them, the charging party failed to satisfy its burden.