All notes for Subtopic 606.05000 – Dilatory or Evasive Tactics
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2758M | County of Ventura 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Engaging in dilatory or evasive tactics is an indicator of bad faith. (p. 36.) more or view all topics or full text. | 45 | 87 | 03/23/21 |
| A481E | Gompers Preparatory Academy 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics 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.) more or view all topics or full text. | 45 | 54 | 10/22/20 |
| 2745M | County of Sacramento 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics The totality of the County’s conduct indicates it engaged in surface bargaining: (1) exhibited a take-it-or-leave-it attitude when claiming a new certification requirement was not negotiable even though it was not an immutable standard; (2) refused to bargain with the union over subjects within the scope of representation (e.g., wage increases tied to certification changes) or present counterproposals; and (3) terminated negotiations after two bargaining sessions without explanation in favor of unilaterally implementing the requirement before reaching a bona fide impasse. (pp. 24-26.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| 2571M | City of San Ramon 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics A party demonstrates bad faith when it rushes to impasse, or if its impasse declaration is “premature, unfounded, or insincere.” A budget deadline is not an exigent circumstance allowing employer to accelerate negotiations unilaterally. Employer holding a budget vote before completing negotiations and post-impasse procedures must refrain from voting on concessions that have not yet been ratified. While section 3505 of the MMBA provides that parties shall endeavor to reach agreement prior to a public agency’s adoption of its final budget, the statute’s use of non-mandatory language renders it “only hortatory” and contrasts with the law’s other, obligatory mandates, such as the duty to bargain for a reasonable and adequate amount of time to allow for good faith negotiations. (Dublin Professional Firefighters Local 1885 v. Valley Community Services District (1975) 45 Cal.App.3d 116, 118.) more or view all topics or full text. | 43 | 6 | 06/20/18 |
| 2433M | Salinas Valley Memorial Healthcare System 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics A hospital’s refusal to combine negotiations over layoff effects with the MOU negotiations does not constitute an unreasonable delay in bargaining over the successor MOU, when the delay is only eight days long. more or view all topics or full text. | 40 | 4 | 06/15/15 |
| 2341M | City of San Jose 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Charging party stated a prima facie case of surface bargaining where it alleged that the respondent engaged in dilatory tactics, by refusing to discuss certain subjects of bargaining, while proceeding as rapidly as possible to impasse and the imposition of terms on all other subjects, as a way to extract concessions from employees without engaging in sincere effort to reach agreement with their representative. more or view all topics or full text. | 38 | 94 | 12/06/13 |
| 1890M | City and County of San Francisco 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics The Board found that the charge failed to establish a prima facie case of surface bargaining, despite the allegation that the City engaged in dilatory or evasive tactics, 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. | 31 | 72 | 03/12/07 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *Walking out of negotiations is evidence of surface bargaining. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1264E | Ventura County Community College District 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Negotiator's statements that he didn't draft proposals, didn't understand the other side's proposals would have to "get back" to the other side on issues and was unable to answer questions throughout negotiations is insufficient given that the parties reached agreement on 5 articles prior to impasse. more or view all topics or full text. | 22 | 29091 | 05/12/98 |
| 1249S | State of California (Department of Personnel Admistration (California State Employees Association/Service Employees International Union Local 1000) 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Governor's delay in making a firm salary proposal until after adoption of the final budget is neither a per se violation or evidence of bad faith. more or view all topics or full text. | 22 | 29050 | 01/28/98 |
| 1205S | State of California (Department of Health Services) 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics No violation of Dills Act where charge contained conflicting statements (i.e., charge alleged both that department had failed to meet with charging party regarding employee's discipline, in violation of past practice, and that charging party was dissatisfied with meetings which occurred); p. 2, partial warning letter. Mere fact that delays occurred or that meetings were not satisfactory to charging party does not establish evidence of bad faith; p. 2, partial dismissal letter. more or view all topics or full text. | 21 | 28117 | 06/19/97 |
| 1119H | University of California, Lawrence Livermore National Laboratory 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter. Failure by one party to meet as frequently as the other party desires does not alone establish a bargaining violation; p. 1, dismissal letter. more or view all topics or full text. | 19 | 26144 | 10/04/95 |
| 0799H | California State University (California Faculty Association) 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics No indication of bad faith where employer, though apparently not originally intending to respond to proposal, did so in some detail when requested, where meeting was adjourned so that further information could be gathered, and where impasse was later declared before another negotiation session took place; pp. 49-50, proposed dec. more or view all topics or full text. | 14 | 21072 | 03/28/90 |
| 0429E | Beaumont Unified School District 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Allegation of repeated employer tardiness for bargaining and allegation of employer statements of disdain for factfinding are sufficient to justify issuance of complaint. more or view all topics or full text. | 8 | 15214 | 11/09/84 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * District's tactics constituted manipulation of the negotiation process to delay and obstruct a timely agreement; p. 34. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 0143E | Stockton Unified School District 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Employer's cancellation of meetings and failure to attend scheduled meetings was evidence of surface bargaining. more or view all topics or full text. | 4 | 11189 | 11/03/80 |
| 0136E | Fremont Unified School District * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a, where on remand from the Court of Appeal the Board vacated the portion of Decision No. 136 that found the district had failed or refused to meet and negotiate in good faith. * * *Evidence of bad faith found in employer's refusal to negotiate on various substantive matters until the term of the agreement was settled. Evidence of bad faith also found in employer's insistence that union reach "mutual perception" of employer's financial condition prior to bargaining about financial matters. Evidence of bad faith found in employer's conditioning of both economic and noneconomic items on voter approval of a tax measure in a distant election. more or view all topics or full text. | 4 | 11118 | 06/19/80 |
| 0080E | Muroc Unified School District 606.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Dilatory or Evasive Tactics Single instance of delaying next bargaining session does not establish a design to frustrate negotiations; p. 17. more or view all topics or full text. | 3 | 10004 | 12/15/78 |