All notes for Subtopic 606.16000 – Failure to Seek Clarification of Proposal
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2915Ha |
Trustees of the California State University
606.16000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Seek Clarification of Proposal
To conform PERB precedent to the court’s holding in Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90, that “an employer may satisfy its duty to seek clarification either ‘at the bargaining table’—that is, by formally meeting and conferring—or through an informal exchange between parties” (id. at p. 114), PERB clarified any contrary suggestions found in the following decisions: Rio Hondo Community College District (2013) PERB Decision No. 2313, p. 12; City of Palo Alto (2017) PERB Decision No. 2388a-M, p. 34; and County of Orange (2018) PERB Decision No. 2594-M, p. 27. The Board noted, however, that City of Palo Alto, supra, PERB Decision No. 2388a-M remains correct in holding that an employer cannot comply with its duty merely via comments at a public meeting of the employer’s governing board. (Id. at p. 34.) (p. 27 & fn. 10.) more or view all topics or full text. |
50 | 148 | 04/10/26 |
| 2915Ha |
Trustees of the California State University
606.16000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Seek Clarification of Proposal
When an employer, having reached a decision that falls outside the scope of bargaining, believes in good faith that its decision has no reasonably foreseeable effects on terms and conditions of employment, “before refusing to negotiate, [the] employer must attempt to clarify through discussions with the union any uncertainty as to what is proposed for bargaining and whether it falls within the scope of representation.” (Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90. 112 [citations and internal quotation marks omitted].) Indeed, “[r]efusing an effects bargaining demand without first attempting to clarify ambiguities and[/]or whether matters proposed for bargaining fall within the scope of representation, violates the duty to bargain in good faith.” (Ibid. [citations and internal quotation marks omitted].) (pp. 26-28 & fn. 11.) more or view all topics or full text. |
50 | 148 | 04/10/26 |
| 2380M |
City of Selma
606.16000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Seek Clarification of Proposal
The City had a duty to seek clarification of the Association’s request to negotiate over the City’s LBFO and its failure to do so supported the Board’s conclusion that the City engaged in bad faith bargaining. more or view all topics or full text. |
39 | 11 | 06/27/14 |
| 0834E |
Chula Vista City School District
606.16000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Seek Clarification of Proposal
Jefferson No. 133 and Healdsburg No. 375 hold that where an ambiguous proposal is arguably negotiable, a party must seek clarification of the proposals negotiability. more or view all topics or full text. |
14 | 21162 | 08/16/90 |
| 0373Eb |
Mt. Diablo Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
606.16000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Seek Clarification of Proposal
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Board's determination that certain proposals were nonnegotiable was based on clear language and there is no need to order party to seek clarification of those nonnegotiable proposals; p. 7. more or view all topics or full text. |
8 | 15142 | 08/15/84 |