All notes for Subtopic 606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement

DecisionDescriptionPERC Vol.PERC IndexDate
2697M County of Tulare (Service Employees International Union Local 521)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
A party does not engage in regressive bargaining by withdrawing concessions on some subjects, while offering more favorable terms on other subjects, if the overall set of changes do not tend to frustrate an overall compromise—this will typically be true if aggregate movements toward the other party’s position are approximately equal, or greater than equal, to aggregate movements in a regressive direction. (See City of Palo Alto (2019) PERB Decision No. 2664-M, p. 6, fn. 5; Charter Oak Unified School District (1991) PERB Decision No. 873, pp. 17-18.) Proving net regressive conduct often requires some mathematical calculation (when the allegations mainly involve cost items) and requires a more nuanced argument when the allegations involve a mix of cost items and non-cost items. more or view all topics or full text.
02/20/20
2697M County of Tulare (Service Employees International Union Local 521)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
A party does not engage in regressive bargaining if it offers a sufficiently credible and rationally supported justification of changed circumstances that explain why it has made a proposal that ostensibly appears to move the parties further away from a resolution. (City of Palo Alto (2019) PERB Decision No. 2664-M, p. 6, fn. 5; City of Arcadia (2019) PERB Decision No. 2648-M, p. 39.) more or view all topics or full text.
02/20/20
2664M City of Palo Alto
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Section 3505.1 allows a union to bring an unfair practice charge alleging that a governing body evidenced bad faith in rejecting a tentative agreement. Such a rejection, like a union membership vote to reject a tentative agreement, does not excuse either party from the duty to refrain from vesting negotiators with insufficient authority and/or engaging in regressive bargaining— indicia of bad faith that can co-occur. If an employer or union fails to obtain ratification, the requirements of good faith bargaining remain the same: A party’s subsequent less favorable offer generally evidences regressive bargaining and/or a failure to vest negotiators with sufficient authority, unless accompanied by a credible, rationally supported explanation of changed economic circumstances sufficient to support the change in position. Alternatively, a party may withdraw concessions on some subjects, while offering more favorable terms on others, if done as part of a genuine attempt to reach an overall compromise. more or view all topics or full text.
08/21/19
2648M City of Arcadia
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Regressive bargaining—making proposals that are, as a whole, less generous to the other party than prior offers—manifestly moves bargaining parties further away from agreement and therefore indicates bad faith unless such regressive bargaining is supported by an adequate explanation. Exploding offers are treated in the same way as regressive proposals because they inherently threaten a change in position. more or view all topics or full text.
06/12/19
1972E Temple City Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified. District did not renege on off-schedule salary payment offer. Rather, district rejected union's off-schedule payment counter offer. more or view all topics or full text.
3213208/26/08
1836S State of California (Department of Personnel Administration)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
No prima facie showing of bad faith or surface bargaining where State ask to revisit tentative agreements after change of negotiating team following recall of Governor. more or view all topics or full text.
3011505/08/06
1516S State of California (Department of Personnel Administration)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
PECG did not provide sufficient evidence of surface bargaining because the State’s challenged responses were in answer to legislative concerns and PECG made no showing that the Department of Finance was aware of provisions of the parties’ tentative agreement. Since repudiation of an agreement on a single issue is insufficient by itself to show bad faith and reneging on ground rules is only one indicator of bad faith, the union did not establish a violation by the State with the single allegation of reneging on the ground rules by its alleged lack of support for the tentative agreement. Per se test, for establishing that a party bargained in bad faith, is appropriate to use for outright refusal to bargain or a unilateral change. Not the case here where the State’s comments to press simply responded to concerns expressed by Assemblyman Cox and the Legislative Counsel over constitutionality of contracting-out provision, and the Department of Finance’s (DOF) May budget revisions were produced without any showing of the DOF’s knowledge of the tentative agreement. In this case, the State’s response to a legislator’s questions that it would “take another look at” the constitutionality of a provision of the MOU does not, by itself, repudiate the tentative agreement. On that basis, this case can be distinguished from Placerville Union School District (1978) PERB Decision No. 69 and Kern High School District (1998) PERB Decision No. 1265 which both involved blatant repudiation of tentative agreements. Nor do the statements “torpedo” the agreement as prohibited by Alhambra City and High School Districts (1986) PERB Decision No. 560. more or view all topics or full text.
275204/07/03

606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
County did not violate MMBA by reducing wage offer following 10 day cooling off period after impasse because reduction for failure to reach agreement within a certain time was part of the wage offer. more or view all topics or full text.

606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
City violated his own rules on impasse by adopting a retroactivity plan that was less generous than the one it proposed prior to impasse. more or view all topics or full text.
1326E Chino Valley Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
By reneging on tentative agreements, the District demonstrated regressive bargaining techniques, which is one indicator of bad faith bargaining; p. 5. more or view all topics or full text.
233009704/14/99
1264E Ventura County Community College District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Even if the charge demonstated that the District engaged in regressive bargaining, the test for surface bargaining requires an examination of the totality of the employer's conduct. One indicia of bad faith bargaining is not enough to demonstrate a prima facie violation; p. 3, dismissal letter. more or view all topics or full text.
222909105/12/98
1265E Kern High School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Association bargaining team members agreed to a tenatative agreement and to take it to their principals to secure ratification. When nearly half of the team members' actively campaigned against ratification of the agreement, the process was sufficiently undermined to call into question the good faith bargaining of the Association and states a prima facie case of bad faith bargaining. (Alhambra City and High School Districts (1986) PERB Decision No. 560, p. 14; Placerville Union School District (1978) PERB Decision No. 69); pp. 2-3. more or view all topics or full text.
222909405/27/98
1177E Gavilan Joint Community College District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Single instance of misrepresentation during negotiations is insufficient to demonstrate lack of subjective intent to reach an agreement under "totality of conduct" test; p. 5; p. 2, dismissal letter; Reference to ALJ's finding that the District engaged in surface bargaining in an earlier case, when the charging party fails to demonstrate a relationship between that conduct and the alleged violations in this case, is insufficient to meet the "totality of conduct" test; p. 5. more or view all topics or full text.
212801411/18/96
1157H Regents of the University of California (California Nurses Association)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Once union membership rejects tentative agreement, new counteroffer by University does not constitute repudiation of tentative agreement; p. 3, dismissal letter. One regressive proposal in a package of 40 articles does not mean the entire package is regressive. All changes from previous proposal must be considered; p. 3, warning letter. more or view all topics or full text.
202711106/13/96
1160S State of California (Department of Education)
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Even if employer's proposal to increase work hours, made in response to union proposal to begin work day earlier, is regressive, one indicia of surface bargaining does not establish a prima facie violation of failure to bargain in good faith; p. 3, warning letter. more or view all topics or full text.
202711306/20/96
1156E Oakland Unified School District * * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Under the totality of conduct test, the allegation of a single indicia of bad faith bargaining (in this case, the allegation of reneging on a tentative agreement) does not establish a prima facie case of bad faith bargaining; p. 2. more or view all topics or full text.
202710906/12/96
0873E Charter Oak Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
No prima facie case of regressive bargaining where the District proposed a "package" which contained some provisions less beneficial to the Association than prior proposals, and some provisions more beneficial; pp. 17-18. more or view all topics or full text.
152206704/04/91
0728E Compton Community College District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Repudiation of tentative agreements and violations of ground rules are indicia of bad faith bargaining when the totality of conduct is reviewed; pp. 51-57, proposed dec. more or view all topics or full text.
132007604/04/89
0560E Alhambra City and High School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Absent evidence of bad faith, employer may lawfully condition additional proposal upon union's waiver of right to bargain; employer may also withdraw such a proposal and refuse to bargain over it; period after tentative agreement analgous to mid-term period, thus proposal does not by itself reopen negotiations; once tentative agreement reached, there is implication both parties will take agreement to principals in good faith effort to secure ratification; absent extenuating circumstances, either side may refuse to reopen negotiations pending ratification; good faith rejection of tentative agreement by principals revives duty to bargain. more or view all topics or full text.
101704601/08/86
0206E Moreno Valley Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
District's changing of proposals, resulting in deletion or reduction of proposals, during negotiations is not "per se" violation of duty to bargain in good faith; p. 25, proposed dec. more or view all topics or full text.
61310704/30/82
0143E Stockton Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Following employer's mid-bargaining change of negotiators, new negotiator refused to honor prior negotiator's agreement on ground rules. Board found this position to be evidence of surface bargaining. more or view all topics or full text.
41118911/03/80
0975E Fresno County Office of Education
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Repudiation of a single issue, standing alone, is insufficient to establish bad faith bargaining under the per se or totality of circumstances test. more or view all topics or full text.
172404902/22/93
0136E Fremont Unified School District * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Evidence of bad faith found in employer's proposal after 10 weeks of negotiations that for the first time called for an increased work week, a grievance policy restricting rights of grievants and increasing employer flexibility in making involuntary transfer. more or view all topics or full text.
41111806/19/80
0111E San Ramon Valley Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Bad faith bargaining found where District reneged on agreement to schedule "in service" day to facilitate an organizational security election; second election ordered; pp. 16-23. more or view all topics or full text.
31014911/20/79
0080E Muroc Unified School District
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Evidence fails to support allegation that employer reneged on tentative agreement where there was no agreed method for designating tentative agreements and agreement was once again reached at next session; p. 18. more or view all topics or full text.
31000412/15/78
0069E Placerville Union School District * * * OVERRULED IN PART by San Francisco Community College District (1979) PERB Decision No. 105
606.7000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Violation found where school board unilaterally servered organizational security provision and ratified remainder of tentative agreement; p. 6. District negotiator unlawfully advised school board not to ratify entire tentative agreement; pp. 6-7. more or view all topics or full text.
2218509/18/78