All notes for Subtopic 606.03000 – Predictably Unacceptable Offer

DecisionDescriptionPERC Vol.PERC IndexDate
2664M City of Palo Alto
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Where employer made predictably unacceptable offer and withdrew alternative proposal as part of an overall course of bad faith conduct, the Board clarified that the remedial order requiring the employer to bargain in good faith required the employer to reinstate the withdrawn offer. (Mead Corp. v. NLRB (11th Cir. 1983) 697 F.2d 1013, 1022-1023, enforcing The Mead Corp. (1981) 256 NLRB 686.) Such a Mead Corp. order was necessary to restore the situation as nearly as possible to that which would have existed but for the employer’s bad faith conduct and was integral to requiring the employer to cease and desist from its unlawful conduct. Employer therefore directed to put back on the table the proposal it withdrew in bad faith, upon the Union’s request. more or view all topics or full text.
08/21/19
2558E Children of Promise Preparatory Academy
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Proposal that sought to arrogate to the employer unlimited discretion on virtually all mandatory subjects: benefits, compensation, job responsibilities, “or any other terms and conditions of employment” was predictably unacceptable. more or view all topics or full text.
4212403/27/18
2558E Children of Promise Preparatory Academy
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Proposing that exclusive representative contribute financially to improve employment conditions and hire staff was not a legitimate proposal and was evidence of bad faith. more or view all topics or full text.
4212403/27/18
2558E Children of Promise Preparatory Academy
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Although a bargaining proposal is lawful, it may still be evidence of bad faith if it is predictably unacceptable. more or view all topics or full text.
4212403/27/18
2461M County of Tulare
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
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
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Employee organization’s amended proposal to incorporate state regulations setting minimum nurse-to-patient staffing ratios into collective bargaining agreement was predictably unacceptable because employer had previously rejected proposal incorporating language of regulations verbatim and amended proposal consisted of same language with code section numbers removed. more or view all topics or full text.
344102/02/10
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
606.3000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
One indication of surface bargaining is the making of predictably unacceptable proposals; proposing to eliminate an organizational security clause with which the District had not problems was predictably unacceptable. Proposing to delete 2 sections from the Hours article over which there had been disagreements was predictably unacceptable; p. 83, proposed dec. more or view all topics or full text.
222911306/22/98