EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Inflexible Position

Single Topic for Decision 2694M

View all topics for Decision 2694M

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

City’s conduct prevented meaningful good faith negotiations from July 11, 2012 through its unilateral implementation 10 months later. The City insisted that negotiations were closed and adopted a take-it-or-leave-it attitude, telling the union it had a choice of either accepting the City’s June 20 proposal or accepting imposed terms. (San Ramon, supra, PERB Decision No. 2571-M, at pp. 9, 15.) While this conduct prevented the parties from reaching a good faith impasse, even if a good faith impasse could somehow be created by the City’s refusal to get back to the union, the union indicated it wished to present further concessions and the City was not privileged to refuse to hear the new proposal. (State of California (Department of Personnel Administration) (2010) PERB Decision No. 2102-S, p. 6.)