All notes for Subtopic 606.18000 – Lack of Sufficient Authority

DecisionDescriptionPERC Vol.PERC IndexDate
2745M County of Sacramento
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
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.
09/18/20
2664M City of Palo Alto
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
Section 3505.1 allows a union to bring an unfair practice charge alleging that a governing body evidenced bad faith in rejecting a tentative agreement. Such a rejection, like a union membership vote to reject a tentative agreement, does not excuse either party from the duty to refrain from vesting negotiators with insufficient authority and/or engaging in regressive bargaining— indicia of bad faith that can co-occur. If an employer or union fails to obtain ratification, the requirements of good faith bargaining remain the same: A party’s subsequent less favorable offer generally evidences regressive bargaining and/or a failure to vest negotiators with sufficient authority, unless accompanied by a credible, rationally supported explanation of changed economic circumstances sufficient to support the change in position. Alternatively, a party may withdraw concessions on some subjects, while offering more favorable terms on others, if done as part of a genuine attempt to reach an overall compromise. more or view all topics or full text.
08/21/19
2461M County of Tulare
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
When ground rules make the parties’ chief spokespersons responsible for coordinating communications between the parties, the chief spokespersons may delegate their responsibilities to others. The union’s chief spokesperson directed another union representative to ask the county when it would implement its LBFO. The county replied, providing an agenda which indicated the county believed the parties were at impasse. The union did not deny receipt of the agenda or dispute the county’s belief that the parties were at impasse. The county reasonably concluded that the union had no further proposals, movement, or a desire to continue negotiations, and properly determined the parties were at impasse. more or view all topics or full text.
408110/30/15
2078S State of California (Department of Personnel Administration)
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
A negotiator’s lack of authority to bind the employer to an agreement indicates bad faith only when the limitation “was intended to or was used to foreclose the achievement of any agreement.” DPA negotiators’ lack of authority to bargain over economic items did not delay or thwart negotiations during period when an unprecedented budget deficit justified DPA’s failure to bargain over economic items. Nor did DPA negotiators’ announcement of their limitation midway through bargaining indicate bad faith because DPA had not previously stated its negotiators had authority to negotiate economic items. more or view all topics or full text.
341111/24/09
1836S State of California (Department of Personnel Administration)
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
Negotiator statement at one meeting had to take matters back to make sure he was on the right track does not support a finding of lack of authority. more or view all topics or full text.
3011505/08/06
1326E Chino Valley Unified School District
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
In this case, the parties on two occasions specifically discussed the authority of the District's lead negotiator. These discussions culminated in the District's endorsement of its negotiator's authority. Under these circumstances, the District's subsequent revelation that it had assigned a negotiator who did not possess sufficient bargaining authority constitutes a separate indicator of bad faith bargaining. By that conduct, the District significantly delayed and thwarted the bargaining process; pp. 5-6. more or view all topics or full text.
233009704/14/99
1264E Ventura County Community College District
606.18000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Lack of Sufficient Authority
Factors which may be indicative of bad faith bargaining include frequent turnover in negotiators; negotiators' lack of authority which delays the bargaining process; missing, delaying, or cancelling bargaining sessions; taking an inflexible position or making regressive bargaining proposals; p. 4, warning letter. more or view all topics or full text.
222909105/12/98