All notes for Subtopic 607.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2803E | Oxnard Union High School District 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General The duty to consult requires a public school employer to “exchange freely information, opinions, and proposals; and to make and consider recommendations under orderly procedures in a conscientious effort to reach agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.” (San Dieguito Union High School District (1977) EERB Decision No. 22, p. 12, fn. 11.) more or view all topics or full text. | 46 | 110 | 01/26/22 |
| 2717E | Alliance Environmental Science and Technology High School, et al. 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General The duty to meet and discuss under EERA requires an employer to engage in the process in good faith, i.e., with a willingness to listen and to give and accept reasons for their actions or positions. Employer violated this duty when it met only once and refused to schedule additional meetings requested by the non-exclusive representative to discuss changes to an employee evaluation program. (Page 20.) more or view all topics or full text. | 44 | 183 | 05/18/20 |
| 2717E | Alliance Environmental Science and Technology High School, et al. 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Upon request of a non-exclusive representative, an employer must meet and discuss changes to an employee evaluation program because such changes are of fundamental concern to employees. (Pages 18-19.) more or view all topics or full text. | 44 | 183 | 05/18/20 |
| 2716E | Alliance College-Ready Public Schools, et al. 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Public employer has a duty to meet and discuss organizing or neutrality agreements with non-exclusive representatives upon request. Union organizing is a matter of fundamental concern to employees and affects a number of subjects that the Board has previously found to be within the duty to meet and discuss/consult. Employers’ failure to respond to union’s request constituted a violation of EERA. (Pages 19-24) more or view all topics or full text. | 44 | 177 | 05/18/20 |
| 2084H | Regents of the University of California (Los Angles) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General When an employer owes a duty to meet and discuss, the employer must consider the exclusive representative’s proposals but is not bound to attempt in good faith to reach a negotiated written agreement. Although the Board determines whether an employer has satisfied this obligation on a case-by-case basis, it recognizes the following three touchstones in its analysis: (1) notice before the employer’s decision is final or implemented, (2) reasonable time and opportunity for meeting and discussing, between the notice and the final decision or implementation, and (3) good faith conduct in listening to and considering proposals. more or view all topics or full text. | 34 | 20 | 12/14/09 |
| 1624E | Antelope Valley College Federation of Teachers (Stryker) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Stryker lacks standing to assert the right to meet and confer with the public school employer as that right is solely afforded to employee organizations more or view all topics or full text. | 28 | 146 | 04/28/04 |
| 0842H | Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General HEERA requires University to notify nonexclusively represented individual employees of proposed changes in employment conditions and, if the employee chooses to have his or her union meet with employer to discuss the changes, such meetings are to be held upon request; pp. 9-10; pp. 39-41, proposed dec. more or view all topics or full text. | 14 | 21189 | 09/27/90 |
| 0253H | Regents of the University of California 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Campus police officers are not "student service personnel" within the meaning of HEERA section 3597(a) because they are not "primarily engaged in providing services to students;" therefore, a student representative does not have the right to be present and comment at negotiations between employer and union representing campus police officers. more or view all topics or full text. | 6 | 13246 | 10/27/82 |
| 0118S | Professional Engineers in CA Government (Professional Engineers in California Government) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Non-exclusive rep has right to meet and consult with employer under Dills Act on subjects basic to employment relationship; pp. 7-8. State did not breach obligation to meet and consult with non-exclusive rep where it relied on EERA precedent interpreting provision similar to Dills Act in which the Board held no such duty under EERA and where budget time constraints imposed a duty to act on Governor prior to negotiations; pp. 9-12. more or view all topics or full text. | 4 | 11045 | 03/19/80 |
| 0104E | Santa Clara Unified School District 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General District did not violate any duty to consult the nonexclusive representive because no evidence that the nonexclusive rep. requested consultation; pp. 24-25. more or view all topics or full text. | 3 | 10124 | 09/26/79 |
| 0022E | San Dieguito Union High School District * * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General * * * OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285, where the Board held that a public school employer has a duty under EERA to consult with a non-exclusive representative. * * *No duty to consult with non-exclusive representative under EERA. Consult means employer must consider proposals but is not bound to attempt in good faith to reach a negotiated written agreement. more or view all topics or full text. | 1 | 369 | 09/02/77 |
| 0928S | State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Board summarily affirms Board agent's dismissal of Association's charge that DPA violated section 3516.5, and 3519(a), (b), and (c) of the Dills Act by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State. more or view all topics or full text. | 16 | 23063 | 04/20/92 |
| 0927S | State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists) 607.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General Board summarily affirms Board agent's dismissal of Association's charge that Governor of State of California violated section 3516.5, and 3519(b) and (c) of the Dills Act by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State. more or view all topics or full text. | 16 | 23061 | 04/13/92 |