UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Single Topic for Decision 2697M
View all topics for Decision 2697M
Full Decision Text (click on the link to view): Full Text
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
A party does not engage in regressive bargaining if it offers a sufficiently credible and rationally supported justification of changed circumstances that explain why it has made a proposal that ostensibly appears to move the parties further away from a resolution. (City of Palo Alto (2019) PERB Decision No. 2664-M, p. 6, fn. 5; City of Arcadia (2019) PERB Decision No. 2648-M, p. 39.) There were credible and rational changed circumstances supporting Union’s decision to begin covering an additional bargaining unit in its proposals: two months into the negotiations, the County recognized Union as the exclusive representative of the additional bargaining unit.