All notes for Subtopic 606.12000 – Failure to Sunshine Proposals

DecisionDescriptionPERC Vol.PERC IndexDate
0799H California State University (California Faculty Association)
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
Public notice complaints may not be adjudicated in the context of unfair practice proceedings, but compliance with public notice requirements is a factor that may be considered in evaluating bargaining conduct; here, even if employer failed to comply with requirements, there was no evidence that it was intended to have, or in fact had, any impact on negotiations; pp. 32-35, proposed dec. more or view all topics or full text.
142107203/28/90
0527E Los Angeles Unified School District (Watts)
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
A prima facie case of bad faith bargaining stated where District failed to "sunshine" a resolution establishing a policy to rectify pay differences between predominately female and male jobs. Such a policy is a proposal for sunshining purposes. more or view all topics or full text.
91622110/01/85
0506E Los Angeles Unified School District
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
Voluntary compliance with "sunshining" is appropriate resolution to unfair labor charge brought for failure to "sunshine" proposals. more or view all topics or full text.
91613105/07/85
0397E Los Angeles Unified School District (Watts)
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
Section 3547(a) mandates presentation of all initial proposals at a public meeting. As complaint alleged the meeting was closed to the public, complaint stated prima facie violation; p. 5. Mere allegations that method of sunshining classified employee organization proposals differs from certificated employee organization proposals does not state prima facie case in absence that method is legally deficient; p. 6. more or view all topics or full text.
81514708/16/84
0326E Oakland Unified School District
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
District's failure to sunshine proposals evidence of bad faith; p. 40. more or view all topics or full text.
71419507/11/83
0136E Fremont Unified School District * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
Evidence of bad faith found in employer's refusal to negotiate over own positions because it had failed to sunshine them. more or view all topics or full text.
41111806/19/80
0921S State of California (Department of Personnel Administration) (California District of Forestry Employees Association)
606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals
The failure to sunshine a proposal may be indicia of an intent not to bargain under the "totality of conduct" test (California State University (1990) PERB Decision No. 799-H); p. 3. more or view all topics or full text.
162303001/22/92