All notes for Subtopic 601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)

DecisionDescriptionPERC Vol.PERC IndexDate
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Under the successorship doctrine, a successor determination creates a presumption that the union which represented its predecessor’s employees continues to enjoy majority status with the successor’s employees, thus requiring the successor employer to recognize and bargain with that union. (p. 14-15.) more or view all topics or full text.
09/20/19
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Under the successorship doctrine, an employer generally succeeds to the collective-bargaining obligation of a predecessor if a majority of its employees, consisting of a “substantial and representative complement,” in an appropriate bargaining unit are former employees of the predecessor and if the similarities between the two operations manifest a “‘substantial continuity’ between the enterprises. (p. 15.) more or view all topics or full text.
09/20/19
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The Legislature’s failure to address successorship in the MMBA does not mean it intended to prohibit application of the successorship doctrine to local public agencies. Legislative silence is not the equivalent of positive legislation. (p. 18.) Because the NLRA and MMBA similarly protect employees’ rights to bargain collectively through an employee representative of their own choosing and bar employers from refusing to negotiate with their employees’ chosen representative, there is no statutory reason to preclude application of the successorship doctrine in California’s public sector. (pp. 18-19.) However, differences between private and public sector employment require a more flexible accretion policy in the public sector to ensure that bargaining units are appropriately and rationally structured. (p. 19.) more or view all topics or full text.
09/20/19
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Board affirmed ALJ’s finding that the Mayor acted as the statutory agent of the City in announcing and supporting ballot measure to change City policy regarding employee pension benefits where evidence demonstrated that City officials and their staff made no serious effort to segregate the official duties of the Mayor and his staff from their ostensibly private activities in support of the pension reform initiative. more or view all topics or full text.
4010812/29/15
2317Sa State of California (Department of Forestry and Fire Protection, State Personnel Board)
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The State Personnel Board does not have a duty to meet and confer over its proposed rules concerning state civil service disciplinary hearings and appeals. Even though the Governor or his designee is the state’s representative for purposes of meeting and conferring, it is well established that the appointing authority will be liable for violations of Dills Act section 3519(c) when the appointing authority makes a unilateral change in terms and conditions of employment of its own employees. Although Dills Act section 3519(a), proscribing unfair practices, declares that it will be unlawful for the state to refuse or fail to meet and confer in good faith, the Legislature did not intend by this wording to impose on the State Personnel Board a duty to negotiate with employee organizations when it is exercising its regulatory function, as opposed to acting as an employer or appointing authority of its own employees. An agency must be acting in its role as an “employer” or “appointing authority” in order to be subject to the Dills Act. When the State Personnel Board adopted regulations regarding disciplinary procedures for civil service employees, it was acting in its regulatory role to administer the civil service system, specifically regarding discipline hearings and appeal procedures. more or view all topics or full text.
398012/19/14
2317S State of California (Department of Forestry and Fire Protection, State Personnel Board) * * * VACATED by State of California (Department of Forestry and Fire Protection, State Personnel Board (2014) PERB Decision No. 2317a-S
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
State Personnel Board does not have a duty to meet and confer with exclusive representatives of non-SPB employees. Charge alleging failure to negotiate with CDF Firefighters over changes in SPB regulations concerning disciplinary appeal procedures was dismissed. more or view all topics or full text.
381006/17/13
1928E San Jose/Evergreen Community College District * * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
A joint employer situation arises where two or more employers exert significant control over the same employees -- where from the evidence it can be shown that they share or co-determine those matters governing essential terms and conditions of employment. A joint employer theory does not depend upon the existence of a single integrated enterprise; rather, it assumes the enterprises are independent legal entities that have “historically chosen to handle jointly . . . important aspects of their employer-employee relationship.” The central focus in such cases is the level of control exerted over the employees by the enterprises in question. more or view all topics or full text.
3115911/16/07
1978S State of California (Department of Personnel Administration)
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The State did not commit an unlawful unilateral change in policy by virtue of the Governor's signing SB 1105 into law, because in signing the legislation the Governor was carrying out a function directed by the California Constitution. When the Governor is acting as a participant in the legislative process and is fulfilling his/her constitutional responsibilities, those acts are to be viewed separate and apart from his/her responsibilities as chief executive and employer of State employees. more or view all topics or full text.
3214809/26/08
1839H Trustees of the California State University * * * OVERRULED IN PART by County of Kern and Kern County Hospital Authority (2019) PERB Decision No. 2659-M
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
While the corporation may have some overlap in management, as CSU officers serve on the Corporation’s Board of Directors and its executive director is appointed by the CSU president and they have shared purposes, i.e., providing student hosing, there was no common ownership between the two entities. As such, the Corporation was not either an alter ego or a single employer with CSU. more or view all topics or full text.
3011805/12/06
1782C Lake County Superior Court
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Individual employees do not have standing to file a charge alleging the employer failed to comply with the meet and confer requirements of the Trial Court Act. more or view all topics or full text.
30711/01/05

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The MMBA does not permit individual employees to negotiate the terms of their employment with public employers. To do so would undermine the principles which govern collective bargaining. more or view all topics or full text.

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The right to bargain is not the same as the right of self representation. Where a public employer has chosen to bargain exclusively with an employee organization, the scope of the right of self representation is limited to at best the right to a nonenforceable grievance procedure to vent individual concerns. The nature of the right is essentially the right to be heard, with employees retaining the right to be heard through whatever grievance or other administrative appeal and internal communications procedures exist. MMBA does not contain express language granting employees the right to individually bargain nor does anything in the purposes or the legislative history of the MMBA hint at a legislative concern over bargaining relations between an employer and individual employees. more or view all topics or full text.

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The term consultation and good faith as used in section 3507 is indistinguishable with the term meet and confer in good faith defined in section 3505. more or view all topics or full text.

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Unless and until the City adopt rules and regulations pursuant to Government Code section 3507, providing for exclusive recognition following an employee vote, it must recognize all employee organizations representing at least some employees and must meet and confer with each of them about wages, hours, and terms and conditions of employment (Government Code section 3505) and meet and consult with each of them about matters concerning the ground rules pertaining to employee representation relationships (Government Code section 3507), including, of course, the designation of appropriate employee units. more or view all topics or full text.

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
A civil service commission fits within the definition of employer in section 3501(c). As such it is obligated to bargaining under section 3505. more or view all topics or full text.

601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
the authority to adopt local ordinances under 3507.5 is subject to the meet and consult requirements identical to those required by section 3507. The determination that fire Captains and fire prevention officers are to be considered middle management employees was negotiable. the term consultation and good faith as used in section 3507 is indistinguishable with the term meet and confer in good faith defined in section 3505. more or view all topics or full text.
1305S State of California (Department of Personnel Administration) (International Union of Operating Engineers)
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Dills Act section 3513(j) defines the State employer for purposes of bargaining as the Governor or his designated representatives. As the Governor's designee, DPA may in turn delegate bargaining authority to State agencies or departments, at its discretion. There is no evidence that such delegation is either a subject within the scope of bargaining or that this delegation has interfered with the State's obligation to bargain in good faith. A specific delegation of bargaining may be unlawful if it is found to be inconsistent with the obligation to bargain in good faith. The Board reviews the totality of the circumstances to determine whether there are sufficient objective indicia of a subjective intention to participate in good faith in the bargaining process and to reach agreement, or, conversely, of an intent to frustrate or avoid the bargaining process. agreement, or, conversely, of an intent to frustrate or avoid the bargaining process. respondent engaged in unlawful conduct. (Id. at p. 5.) Charging Party's assertion that ". . . department wide bargaining on this issue would severely restrain the Union due to the costs and time associated with bargaining with the multitude of departments that employ Unit members" is insufficient to show that DPA's delegation of bargaining to individual departments presents a clear and present danger to that process. more or view all topics or full text.
233003112/22/98
1145S State of California (Department of Personnel Administration) (California Union of Safety Employees)
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
The Department of Personnel Administration acts as the Governor's designee and it may delegate the authority to bargain to State agencies or departments at its discretion. Such a delegation is not a subject within the scope of representation and it does not interfere with the State's obligation to bargain in good faith; pp. 5-6, warning letter. more or view all topics or full text.
202706103/08/96
0703E San Francisco Community College District
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
No violation for failure to bargain over unilateral change because Chancellor has the right, pursuant to charter, administrative ordinances, rules and regulations and civil service provisions of the City and County of San Francisco, to determine whether civil service employees working at the district may also occupy certificated positions. more or view all topics or full text.
121917910/28/88
0706S State of California (Department of Personnel Administration)
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
No duty to negotiate imposed on Governor when acting in legislative capacity in submitting proposed budget to the Legislature pursuant to Article IV, Section 12 of the California Constitution. Board dismissed unfair practice charge that Governor failed to meet and confer in good faith before submitting his proposed budget to the Legislature. more or view all topics or full text.
132001012/16/88
2485E Petaluma City Elementary School District/Joint Union High School District
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
By enacting EERA section 3549.1, the Legislature intended that negotiations would be attended only by the parties’ representatives, absent an agreement or established practice to the contrary. more or view all topics or full text.
412306/30/16
1748E Alum Rock Union Elementary School District
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Charge alleging unilateral change filed by an individual was dismissed as only the exclusive representative has standing to allege a failure to meet and confer. more or view all topics or full text.
297302/07/05
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Employer's unilateral elimination of use of lecturers for up to eight years, without notice to or opportunity for non-exclusive representative, is violation of duty to bargain. Conjecture or rumor is not adequate substitute for employer's formal notice to union of a vital change in wording conditions. Articles in union paper referring to possible future changes in guidelines, union's denial of notice, testimony of employer's witnesses likely to give notice, that they did not, and employer representatives failure to even know of policy change, justify conclusion that employer did not give adequate notice to employee organization. Authorization to grandfather existing lecturers decreed by employer's fiat, does not disturb or mitigate an unfair practice charge. Discussions which follow policy change, where no recision of change does not mitigate unilateral change violation. Vacated by Cole letter Discussions which follow policy change, where no recision of change does not mitigate unilateral change violation. Vacated by Cole letter more or view all topics or full text.
71429311/23/83
0325E Long Beach Unified School District
601.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000); Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Employer who did not initiate transfers--obligated to bargain on demand--but not obligated to give notice to employee organization; p. 4. Charge against receiving District - not transferring employer changes the obligation of employee organization. Employee organization has initial burden of demanding to negotiate on behalf of new employees; p. 4. more or view all topics or full text.
71419307/08/83