Headnote for 2505M, 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 2505M

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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

Although per se violations may also serve as indicia of bad faith in support of a surface bargaining allegation, there was no evidence that the City’s unilateral change to the employer paid member contribution, which was unilaterally imposed post-impasse, had contributed to the breakdown in pre-impasse negotiations or had undermined IBEW’s authority during the prior negotiations. Although the Board ordered the City to remedy the unilateral change violation, it dismissed the complaint’s separate bad-faith bargaining allegation where no other probative evidence of bad faith had been presented and the City’s unilateral change occurred after negotiations had already broken down. (p. 36.)