All notes for Subtopic 606.02000 – Inflexible Position

DecisionDescriptionPERC Vol.PERC IndexDate
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
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.) more or view all topics or full text.
02/03/20
2582M City of Davis
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Order to make employees whole after employer unlawfully imposed its last, best, and final offer did not preclude employer from later pursuing the same cost-saving objectives in good faith negotiations. more or view all topics or full text.
435109/05/18
2571M City of San Ramon
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
A party exhibits bad faith if it fails to adequately explain its inflexible position. (County of San Luis Obispo (2015) PERB Decision No. 2427-M, p. 29; San Bernardino City Unified School District (1998) PERB Decision No. 1270, at pp. 85-86.) However, an inflexible position that is fairly maintained and rationally supported does not, alone, prove bad faith. (Oakland Unified School District (1982) PERB Decision No. 275, p. 16.) Hard bargaining cannot shield party from liability if it adopted a take-it-or-leave-it attitude or rushed to impasse. Employer adopted a “take-it-or-leave it” attitude when it (1) presented its position as an ultimatum, telling union it had a choice of either accepting new terms or arriving at impasse; (2) showed a predetermination to negotiate or impose its own proposals without carefully and mutually reviewing the union’s proposals, issues, and concessions; and (3) declared impasse based not on an assessment of the parties’ actual differences, but on the fact that it had not achieved capitulation to all of its demands. Furthermore, County of Solano (2014) PERB Decision No. 2402-M, is in tension with Regents of the University of California (1983) PERB Decision No. 356-H, p. 21, as it may be bad faith for employer to insist that it will not agree to different terms for different employee groups. more or view all topics or full text.
43606/20/18
2461M County of Tulare
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer lawfully engaged in hard bargaining by consistently maintaining that it would not agree to economic terms that involved ongoing expenses, and it explained this reason in negotiations. Employer was open to other proposals to use the one-time funds other than a furlough suspension, but union never presented a proposal that would use only one-time funds. Thus, union failed to establish that the County unlawfully insisted on its initial position by taking a “take-it-or-leave-it” attitude. A union’s charge that the county took an inflexible position of only considering one-time use of newly discovered funds is undermined when the union does not propose an alternative for using the one-time money available to the county. All of the union’s proposals were predictably unacceptable to the county because they involved a commitment of ongoing funding, a commitment the county repeatedly explained it would not make at that time. more or view all topics or full text.
408110/30/15
2243E Santa Monica Community College District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
PERB has made clear that while a party may not merely go through the motions, it may lawfully maintain an adamant position on any issue; adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith; the obligation of the employer to bargain in good faith does not require the yielding of position fairly maintained; a charge that alleges that the college district refused to entertain proposed modifications to a provision of the parties’ agreement but fails to allege any facts suggesting that the college district’s position was not fairly maintained is insufficient to state a prima facie case of bad faith bargaining. more or view all topics or full text.
3613202/29/12
2288M City of Pinole
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Fact that employer presented proposals based upon a document prepared by a joint working group of local government managers does not indicate that the employer lacked a general desire to reach agreement or intent to subvert the negotiating process. more or view all topics or full text.
10/15/12
2108S State of California (Department of Corrections and Rehabilitation)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith. more or view all topics or full text.
348205/10/10
2115S State of California (Department of Corrections and Rehabilitation, Department of Personnel Administration)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Allegations that: (1) the State unilaterally set the area of layoff; (2) it disseminated that area to employees and the union; (3) employees relied upon this area in making life and career decisions; (4) the first bargaining session occurred days before the election interviews; (5) the State could not change the area of layoff in such a short time frame; (6) the State offered no counter proposal regarding the layoff area; and (7) the area of layoff remained unchanged through bargaining, did not establish “take-it-or-leave-it” attitude on the part of the State so as to establish a prima facie case of surface bargaining. The State provided ample notice and an opportunity to bargain over the effects of its decision to implement the layoff and participated in seven negotiating sessions during which both sides presented proposals. The evidence indicates that neither party was willing to yield its position. The State’s adamant insistence on its bargaining position does not establish a failure to bargain in good faith. more or view all topics or full text.
349906/10/10
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer’s refusal to agree to employee organization’s proposal to incorporate state regulations setting minimum nurse-to-patient staffing ratios into collective bargaining agreement constituted “hard bargaining.” Employer’s position was supported by rational arguments and clearly communicated to union at the bargaining table. more or view all topics or full text.
344102/02/10
1890M City and County of San Francisco
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
The Board found that the charge failed to establish a prima facie case of surface bargaining, despite an allegation that the City took an inflexible bargaining position, where the record indicated that the parties conducted substantive discussions, exchanged proposals and information, asked and responded to questions, and that the City was willing to schedule negotiating sessions. The parties reached tentative agreements on at least eight different issues. more or view all topics or full text.
317203/12/07
1842H Trustees of the California State University
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
CSU change in method for reporting sick leave and vacation credits is not a breach of the duty to negotiate in good faith where parties disagreed as to where negotiations should take place as the obligation to negotiate in good faith does not require yielding of a position fairly maintained. more or view all topics or full text.
3012505/18/06

606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
County insistence on bargaining position regarding retroactivity of wage offer does not suffice to render county guilty of refusal to bargain. more or view all topics or full text.

606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Genuine and sincere insistence on inclusion of a proposed contract term is not bad faith bargaining. The obligation to bargain in good faith does not require the yielding of positions fairly maintained. more or view all topics or full text.
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Another indication of surface bargaining is taking an inflexible position. Walking out is itself evidence of surface bargaining. The essence of lawful hard bargaining is insistence on positions fairly maintained; p. 85, proposed dec. more or view all topics or full text.
222911306/22/98
1249S State of California (Department of Personnel Admistration (California State Employees Association/Service Employees International Union Local 1000)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
State's failure to offer a wage increase in over 2 years of negotiating does not by itself constitute bad faith; p. 3, dismissal letter. more or view all topics or full text.
222905001/28/98
1160S State of California (Department of Education)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Adamant insistence on a bargaining position is not per se evidence of bad faith barganing when there are no facts indicating how the position was not fairly maintained; p. 1, dismissal letter; p. 3, warning letter. more or view all topics or full text.
202711306/20/96
1151E Turlock Joint Union High School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Insistence on a firm bargaining position, without more, even where employer offered more but only after impasse is insufficient to state a prima facie showing of bad faith under the totality of the circumstances; A party may maintain a firm bargaining position so long as the party provides an explanation sufficient to allow the process of bargaining to proceed; p. 2, warning letter. EERA does not require either party to make its last, best, and final offer at any particular time during bargaining process. more or view all topics or full text.
202710005/22/96
0799H California State University (California Faculty Association)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Insisting to impasse on inflexible position on parking fees, where that was the main issue on the table, and when viewed in overall context of bargaining, was more like hard bargaining than bad faith bargaining; pp. 46-49, proposed dec. more or view all topics or full text.
142107203/28/90
0540E Oakland Unified School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
District evinced inflexible position when it refused to provide information or negotiate after making decision but before making public disclosure; conduct evinced take it or leave it attitude. more or view all topics or full text.
101700912/12/85
1954E Berkeley Unified School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
The Board found that the District did not engage in bad faith bargaining when it refused to agree to apply Education Code section 45210 and section 3543.1(c) of EERA to the president of the union. The Board held that it is not possible for an employee on leave under the Education Code to be released under EERA because the employee is already on leave. The District maintained a firm position regarding its released time proposal. more or view all topics or full text.
327304/21/08
0429E Beaumont Unified School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer's refusal to increase offer of 2 percent pay increase not evidence of bad faith. Employer has no obligation to increase offer to offset effect of delay in reaching agreement upon total value of offer over term. R.A. dismissal upheld. more or view all topics or full text.
81521411/09/84
0356H Regents of the University of California (Statewide University Police Association)
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer's adamant position that it will not agree to any other proposal other than uniform fees for all employees come "perilously close to an admission that UC has not approached negotiations over parking fees . . .with the view of reaching agreement if possible . . ." as contemplated within the requirements of good faith. more or view all topics or full text.
71428811/14/83
0326E Oakland Unified School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer's counter-proposals may be viewed as evidence of bad faith; p. 38. more or view all topics or full text.
71419507/11/83
0291E Modesto City Schools
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Inflexible refusal to grant released time is a refusal to bargain and denial of rights guaranteed to the employee organization; p. 45. more or view all topics or full text.
71409003/08/83
0178E Oakland Unified School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Employer's refusal to present counterproposal on subject of notice for layoffs does not constitute bad faith bargaining. Nothing in EERA requires parties to reach agreement or make concessions on every proposal. Adamant insistence on a bargaining position is not necessarily a refusal to negotiate in good faith. Employer's conduct is lawful hard bargaining. more or view all topics or full text.
51214911/02/81
0136E Fremont Unified School District * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Evidence of bad faith found in employer's inflexible position on salaries and benefits. more or view all topics or full text.
41111806/19/80
0115E Redwood City School District
606.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Complaint dismissed for failure to state a prima facie case of surface bargaining where evidence showed the District had given in on a number of issues; pp. 10-13, proposed dec. more or view all topics or full text.
41101902/07/80