All notes for Subtopic 606.15000 – Other
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2747M | City of San Diego 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other If an employer declares impasse without reaching a bona fide impasse after good faith negotiations, but the employer neither changes employment terms nor refuses to continue bargaining, the Board considers that evidence under the totality of conduct test. (City of San Ramon (2018) PERB Decision No. 2571, p. 7, fn. 9; County of Riverside (2014) PERB Decision No. 2360-M, p. 12.) In contrast, if the employer in those circumstances refuses to bargain further or proceeds to change employment terms, that constitutes further evidence of bad faith under the totality test, and it also constitutes a per se violation. (City of San Ramon, supra, p. 7, fn. 9; County of Riverside, supra, p. 11.) Here, the Board found the City did not take any such steps—it did not even declare impasse. more or view all topics or full text. | 45 | 45 | 10/06/20 |
| 2747M | City of San Diego 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Where there is an obligation to do so, failure to return to the status quo, if proven, would be an indicator of bad faith. (County of Kern (2018) PERB Decision No. 2615-M, p. 11, fn. 8 [restoring the status quo is a necessary condition for meaningful bargaining to occur]; City of San Ramon (2018) PERB Decision No. 2571, p. 15 [good faith bargaining is not possible when employer has already “imposed the very terms under discussion, thereby forcing [the union] to start from a position of having to talk the [employer] back to the status quo.”]; City of Palo Alto (2017) PERB Decision No. 2388a-M, p. 49 [compelling a union to bargain back to the status quo makes impossible the give and take that is the essence of good faith bargaining]; County of Santa Clara (2013) PERB Decision No. 2321-M, p. 24 [bargaining “from a hole” is futile, and restoring the status quo is necessary so that “bargaining may proceed on a level playing field.”].) more or view all topics or full text. | 45 | 45 | 10/06/20 |
| 2745M | County of Sacramento 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other 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 |
| 2745M | County of Sacramento 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| 2740M | County of Merced 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other County acted in bad faith by refusing to meet, despite the Union’s request, apparently based on an incorrect belief that it was sufficient to deliver an ultimatum by e-mail and not even wait for a response to that ultimatum before announcing its new policy. more or view all topics or full text. | 45 | 29 | 08/10/20 |
| 2740M | County of Merced 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other County was not privileged to ignore the Union’s request to meet again, as good faith negotiations must normally occur face-to-face unless both parties mutually agree otherwise. (City of San Ramon (2018) PERB Decision No. 2571-M, p. 9, and adopting proposed decision at pp. 37-38 & 42; City of Selma (2014) PERB Decision No. 2380-M, pp. 14 & 23, and adopting proposed decision at p. 10; Modesto City Schools (1983) PERB Decision No. 291, p. 35.) PERB noted the parties in this matter negotiated well before the COVID-19 pandemic, and the Board did not consider what standards might apply in such unusual circumstances. more or view all topics or full text. | 45 | 29 | 08/10/20 |
| 2648M | City of Arcadia 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Efforts by the employer to undermine an employee organization’s selected negotiators indicate an absence of a good faith, while a flat ban on meeting with a particular representative would be a per se violation. PERB found employer undermined the Association’s selection of representatives when it invited former Association leader who was not designated to bargain for Association to the negotiations kickoff and gave her information about negotiations to distribute to the Association’s members. more or view all topics or full text. | 44 | 1 | 06/12/19 |
| 2582M | City of Davis 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Totality of the circumstances analysis includes any per se violations that may bear upon the question of the respondent’s state of mind. more or view all topics or full text. | 43 | 51 | 09/05/18 |
| 2582M | City of Davis 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Presenting package proposals addressing matters within the scope of representation is not a refusal to bargain or evidence of bad faith. more or view all topics or full text. | 43 | 51 | 09/05/18 |
| 2582M | City of Davis 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Events occurring post-impasse may be probative of whether a party engaged in surface bargaining before impasse was reached. more or view all topics or full text. | 43 | 51 | 09/05/18 |
| 2558E | Children of Promise Preparatory Academy 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Per se bargaining violations (refusal to provide information, outright refusal to bargain) are also indicia of bad faith. more or view all topics or full text. | 42 | 124 | 03/27/18 |
| 2571M | City of San Ramon 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Hard bargaining cannot shield party from liability if it adopted a take-it-or-leave-it attitude or rushed to impasse. Employer adopted a “take-it-or-leave it” attitude when it (1) presented its position as an ultimatum, telling union it had a choice of either accepting new terms or arriving at impasse; (2) showed a predetermination to negotiate or impose its own proposals without carefully and mutually reviewing the union’s proposals, issues, and concessions; and (3) declared impasse based not on an assessment of the parties’ actual differences, but on the fact that it had not achieved capitulation to all of its demands. Furthermore, County of Solano (2014) PERB Decision No. 2402-M, is in tension with Regents of the University of California (1983) PERB Decision No. 356-H, p. 21, as it may be bad faith for employer to insist that it will not agree to different terms for different employee groups. more or view all topics or full text. | 43 | 6 | 06/20/18 |
| 2505M | City of Roseville 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Where parties tentatively agreed to negotiate “Other Post-Employment Benefits” separate from MOU negotiations and no other evidence was presented as to the importance of that subject or whether the parties’ failure to reach agreement on it contributed in any meaningful way to the breakdown in negotiations, Board declined to disturb ALJ’s finding that negotiations had reached a bona fide impasse as the result of good-faith bargaining. Impasse refers to an overall deadlock in negotiations. An employer may not insist on separating one negotiable subject from all others and then bargain to impasse only as to that subject and impose its proposal, while refusing to discuss other subjects that may form the basis of a possible compromise. Although impasse may result from disagreement over a single subject, that subject must be of such critical and overriding importance to the parties that disagreement on that subject alone causes an overall breakdown in negotiations such that further bargaining over any subject would be futile. (pp. 33-35.) more or view all topics or full text. | 41 | 97 | 11/30/16 |
| 2341M | City of San Jose 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other A premature, unfounded, or insincere declaration of impasse may serve as evidence of bad-faith in support of a surface bargaining allegation. Facts indicating that a party has rushed to impasse may include the number of times the parties met and the number of proposals exchanged, the number of matters agreed to both before the first declaration of impasse and during any mediated negotiations, as well as any significant concessions offered or agreed to before the respondent's "final" or "second" declaration of impasse. more or view all topics or full text. | 38 | 94 | 12/06/13 |
| 2251M | City of Glendale 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Where charge alleged that public agency maintained its position on PERS cost-share proposal, the charge failed to establish that public agency maintained a take-it-or-leave-it attitude rather than a hard bargain based on a sincerely held belief that long-term structural changes were necessary to address the financial conditions; in addition, assuming the cost-share provision to be non-mandatory, the parties were not precluded from bargaining over it as the union never raised any objection to the public agency’s proposal to modify the cost-share provision nor did it refuse to negotiate the provision; with only one indicia of regressive bargaining established, the charge failed to state a prima facie case of bad faith bargaining. more or view all topics or full text. | 36 | 157 | 04/18/12 |
| 2288M | City of Pinole 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Fact that employer presented proposals based upon a document prepared by a joint working group of local government managers does not indicate that the employer lacked a general desire to reach agreement or intent to subvert the negotiating process. more or view all topics or full text. | 37 | 90 | 10/15/12 |
| 2111S | State of California (Department of Corrections and Rehabilitation, Avenal State Prison) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other The bargaining team was granted release time for the duration of the bargaining session. When negotiations concluded early, the failure to release union bargaining team for a full day does not demonstrate surface bargaining. more or view all topics or full text. | 34 | 91 | 06/03/10 |
| 2104M | County of Mendocino 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining. more or view all topics or full text. | 34 | 74 | 04/21/10 |
| 2064M | City and County of San Francisco 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Merely informing a union of its obligations under a local city charter is not recognized as an indicia of bad faith bargaining. Charging party failed to allege facts showing that the employer’s letter reminding the union of its obligations under the City Charter to select a panel member to the impasse arbitration panel, was intended to thwart negotiations or subvert the bargaining process. more or view all topics or full text. | 33 | 160 | 09/25/09 |
| 1986E | Rio School District 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Employer’s declaration of impasse on successor collective bargaining agreement, even though the parties had not bargained over the employer’s initial proposal, did not indicate bad faith because the parties were already at impasse over salary and health benefits in re-opener negotiations and declaration was intended to move negotiations forward by invoking EERA impasse procedures. Even if impasse declaration indicated bad faith, charge failed to allege other indicators of bad faith bargaining. more or view all topics or full text. | 33 | 8 | 11/21/08 |
| 1330S | State of California (Department of Personnel Administration) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Conditioning agreement on union's "endorsement" of legislation necessary to implement the provisions of the agreement does not indicate bad faith because such endorsement is within the union's control; p. 3, dismissal letter. more or view all topics or full text. | 23 | 30117 | 05/06/99 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *Conditioning agreement on economic matters upon agreement on noneconomic matters is evidence of surface bargaining. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1264E | Ventura County Community College District 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Proposing language which gives the employer the right to establish the calendar does require waiving a statutory right. 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) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other 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 |
| 1235S | State of California (Board of Equalization) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Exclusive representative sought to have negotiations referred to the main bargaining table; although exclusive representative has the right to negotiate the effects of proposed changes on matters within the scope of representation, upon request, it may not dictate the setting in which such negotiations must occur; p. 3. more or view all topics or full text. | 22 | 29018 | 11/24/97 |
| 1177E | Gavilan Joint Community College District 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other 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. | 21 | 28014 | 11/18/96 |
| 1160S | State of California (Department of Education) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other 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. | 20 | 27113 | 06/20/96 |
| 0873E | Charter Oak Unified School District 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other 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. | 15 | 22067 | 04/04/91 |
| 0373E | Mt. Diablo Unified School District * * * OVERRULED IN PART by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other * * * REVERSED IN PART ON OTHER GROUNDS by Mt. Diablo Unified School District (1984) PERB Decision No. 373b. * * * As association proposal concerning same-date-of-hire criteria found outside scope of representation, district’s refusal to negotiate that portion of layoff proposal was not a violation of EERA; p. 45. more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Other employer's sunshining of exclusive rep's proposal is evidence of bad faith; p. 39. Authority of negotiator rules discussed; p. 42. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 0916S | State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39) 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other Board affirms partial dismissal of charge that DPA failed to bargain in good faith by making a last, best and final offer after being informed Board has issued complaint against DPA based on failure to provide information. more or view all topics or full text. | 16 | 23020 | 01/02/92 |
| 0080E | Muroc Unified School District 606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other District's refusal to tape record bargaining sessions not bad faith; pp. 14-17. Advantages of precise record outweighed by deleterious effects on frankness of negotiations; given differences in the two statutes, district's past practice under Winton Act of agreeing to tape recordings does not indicate bad faith; District did not unlawfully attempt to limit number of union negotiators where it allowed as may as desired but limited release time to a limited number; p. 17. No evidence of bad faith by changing (chief) negotiators where replacements were present at every session and there was no evidence of loss of continuity due to changes; p. 18. Even assuming district improperly conditioned negotiations on union's acceptance of one-item contract (salary), negotiations from that point included all items and there was no discernable impact on negotiations; pp. 18-19. included all items and there was no discernable impact on negotiations; pp. 18-19. more or view all topics or full text. | 3 | 10004 | 12/15/78 |