All notes for Subtopic 606.04000 – Failure to Explain Proposal

DecisionDescriptionPERC Vol.PERC IndexDate
2701I * * * JUDICIAL APPEAL PENDING * * * Region 2 Court Interpreter Employment Relations Committee
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
Although the regional committee did not provide written support for concerns it expressed during bargaining, it clearly communicated those concerns at the bargaining table and identified them as the reason for its alternative proposals. Absent evidence that it failed to respond to an information request for such written records, or other indicia of bad faith, the Board concluded it negotiated in good faith. (pp. 45-46.) more or view all topics or full text.
03/16/20
2701I * * * JUDICIAL APPEAL PENDING * * * Region 2 Court Interpreter Employment Relations Committee
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
Evidence that an employer exchanged numerous proposals and explained the rationale behind its proposals demonstrated its good faith during successor MOU negotiations. (pp. 42-44.) more or view all topics or full text.
03/16/20
2701I * * * JUDICIAL APPEAL PENDING * * * Region 2 Court Interpreter Employment Relations Committee
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
A blanket refusal to bargain is a per se violation of the duty to bargain in good faith, including when an employer fails to provide the union with any rationale for rejecting its proposal. (pp. 42-43.) more or view all topics or full text.
03/16/20
2341M City of San Jose
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
City’s simultaneous demand for ten percent reduction in “total employee compensation,” coupled with its refusal to engage in substantive discussion of “retirement reform,” where retirement benefits was one component of “total employee compensation,” made it impossible for union to determine the full magnitude of concessions being demanded. more or view all topics or full text.
389412/06/13
2380M City of Selma
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
The City’s failure to explain a sudden and significant change in proposal that was presented as LBFO was one indicia of bad faith bargaining. more or view all topics or full text.
391106/27/14
0728E Compton Community College District
606.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
A district's refusal to clarify its proposals, labeling offers as firm and then withdrawing them, and refusal to present a picture of resources available to commit to the bargaining process was bad faith bargaining and a violation; p. 61, proposed dec. more or view all topics or full text.
132007604/04/89