EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain

Single Topic for Decision 2588E

View all topics for Decision 2588E

Full Decision Text (click on the link to view): Full Text

District’s refusal to negotiate the union’s proposed procedures whereby the District would use its internal e-mail system to transmit communications from the union to its bargaining unit members constitutes a violation of the EERA. (pp. 8-10.) The Board rejected District’s exception that it repeatedly offered to negotiate this matter and the union did not accept the offer because there was no evidence that the union declined the District’s two offers to negotiate. (pp. 9-10.) The facts are not subject to dispute because the parties submitted a stipulated factual record. (p. 2.) Therefore, the stipulated facts constitute a judicial admission that the union responded to the District’s initial offer with proposed procedures and that “the District ultimately declined to negotiate” with the union. Absent contrary evidence, the only conclusion the Board may draw from the stipulation is that the District refused to bargain over the union’s proposal. (pp. 9-10.)