All notes for Subtopic 606.08000 – Conduct Outside of Negotiations; Prior UPs
|Decision||Description||PERC Vol.||PERC Index||Date|
* * * JUDICIAL APPEAL PENDING * * * City of Glendale|
606.8000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Conduct Outside of Negotiations; Prior UPsWhere the City’s failure to fulfill its bargaining obligation with respect to subcontracting bargaining unit work constituted an egregious unilateral change, the employer’s separate unfair practice contributed to the deadlock in negotiations by creating a new impediment—a significant new set of conditions over which the union had to bargain on a catch-up basis, after the fact, which was more than sufficient to deny the City the right to impose. (City of San Ramon (2018) PERB Decision No. 2571-M, pp. 6 & 15.) The subcontracting violation preceded impasse, was not remote in time, and coincided with the City’s refusal to go back to the table. In fact, the City’s subcontracting decision came at a critical time during negotiations for a first contract. The City, while seeking concessions in wages and benefits at the bargaining table due to budget constraints, secretly devised a unilateral means to extract still more savings from the bargaining unit. Because the City failed and refused to comply with its legal duty to provide notice and an opportunity to bargain, the parties lost the opportunity to discuss concessions or other proposals that may have led to viable options in lieu of at least some of the layoffs and involuntary demotions, and destroyed the good faith conditions that would be required for the parties to have any hope of bridging their other divides. more or view all topics or full text.
City of Roseville|
606.8000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Conduct Outside of Negotiations; Prior UPsAlthough per se violations may also serve as indicia of bad faith in support of a surface bargaining allegation, there was no evidence that the City’s unilateral change to the employer paid member contribution, which was unilaterally imposed post-impasse, had contributed to the breakdown in pre-impasse negotiations or had undermined IBEW’s authority during the prior negotiations. Although the Board ordered the City to remedy the unilateral change violation, it dismissed the complaint’s separate bad-faith bargaining allegation where no other probative evidence of bad faith had been presented and the City’s unilateral change occurred after negotiations had already broken down. (p. 36.) more or view all topics or full text.
City of San Jose|
606.8000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Conduct Outside of Negotiations; Prior UPsEvidence of separate unfair practices, including the respondent’s conduct at or away from the bargaining table, is part of the totality of circumstances that may indicate bad faith in support of a surface bargaining allegation. Where a surface bargaining charge includes factual allegations that would constitute per se violations of the duty to bargain, the charging party may, in effect, allege those facts twice – once as standalone or “per se” violations, and once as indicators of the respondent’s bad faith within the totality of circumstances. more or view all topics or full text.
City and County of San Francisco||31||72||03/12/07|
Regents of the University of California||28||162||06/09/04|
State of California (Department of Personnel Administration)||27||52||04/07/03|
Ventura County Community College District||22||29091||05/12/98|
State of California (Department of Personnel Admistration (California State Employees Association/Service Employees International Union Local 1000)||22||29050||01/28/98|
State of California (Department of Personnel Administration) (California Union of Safety Employees)||21||28017||12/04/96|