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 A481E


View all topics for Decision A481E

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

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

Because an employer’s refusal or failure to bargain in good faith during first contract negotiations typically has a more deleterious effect on employee support for the nascent union than it would in a well-established collective bargaining relationship, PERB applies a higher level of scrutiny to bad faith bargaining claims in the context of first-contract negotiations. (pp. 5-6.) In the context of first-contract bargaining, employee disaffection with the union is a natural and probable consequence of the employer’s bad faith bargaining, particularly when accompanied by other unfair practices such as unilateral changes to terms and conditions of employment and refusal to provide information to the union. (p. 7.) An employer may not engage in unlawful dilatory bargaining conduct during first contract bargaining so the one-year certification bar will expire without a contract in place, thereby allowing the filing of a decertification petition. (p. 7.)