All notes for Subtopic 606.12000 – Failure to Sunshine Proposals
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 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. | 14 | 21072 | 03/28/90 |
| 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. | 9 | 16221 | 10/01/85 |
| 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. | 9 | 16131 | 05/07/85 |
| 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. | 8 | 15147 | 08/16/84 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 606.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Sunshine Proposals * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * District's failure to sunshine proposals evidence of bad faith; p. 40. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 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 * * * 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 over own positions because it had failed to sunshine them. more or view all topics or full text. | 4 | 11118 | 06/19/80 |
| 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. | 16 | 23030 | 01/22/92 |