EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – In General
Single Topic for Decision 2694M
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606.01000 – In General
City prematurely declared impasse where both parties had additional room to move on economics, which was the main issue in the negotiations. Even assuming a first impasse, alleged impasse was broken when the parties made concessions in later negotiation sessions. An impasse “can be terminated by nearly any change in bargaining-related circumstances” that is sufficient to suggest that “attempts to adjust differences may no longer be futile.” (PERB v. Modesto City Schools District (1982) 136 Cal.App.3d 881, 899.) “Most obviously, an impasse will be broken when one party announces a retreat from some of its negotiating demands.” (Ibid.) City was not privileged to impose the terms contemplated in its June 20, 2012 proposal, both because of its refusal to meet after June 20, 2-12 and its unremedied unilateral changes pertaining to unilaterally subcontracting bargaining unit work.