All notes for Subtopic 608.03000 – Business Necessity; Emergency Exception
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2881E | West Contra Costa Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception A union’s acquiescence to a unilateral change in one or more instances does not waive its right to bargain regarding a future change on the same subject. (County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M, p. 22, fn. 19.) The Board found that principle especially significant where the District first deviated from its past practice in Spring 2020, when the pandemic privileged it to do so without reaching an impasse or agreement, provided that the District bargained in good faith as practicable. (County of Santa Clara (2023) PERB Decision No. 2876-M, pp. 32-34.) Because an emergency is not a static event, changes taken during an emergency must be limited to the timeframe that the emergency requires. (Id. at p. 35.) Thus, as the pandemic began to ease and the District moved back toward in-person instruction, the District could have lawfully returned to its established, pre-COVID procedures for assigning and scheduling ESL courses, or it could have bargained with ASTU if it wished to change to a new system. (pp. 12-13.) more or view all topics or full text. | 48 | 79 | 11/06/23 |
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception The Board clarified that an employer facing a true emergency can take emergency measures without first reaching agreement or impasse, but the duty to afford notice and to bargain in good faith continues as much as is practicable, both before and after the employer implements emergency measures. (p. 34.) Because an emergency is not a static event, changes taken in good faith reliance on a necessity defense must be limited to the timeframe that the emergency requires. (Imperial Irrigation District (2023) PERB Decision No. 2861-M, p. 56; Oxnard Union High School District (2022) PERB Decision No. 2803, p. 45.) Thus, when the emergency lapses, the employer has a duty to honor a union’s request to rescind emergency measures the employer implemented without completing negotiations. (p. 35.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Because the County established that its actions were urgently needed to save lives, the County did not need to wait for impasse or agreement before acting on a mandatory subject. The fact that the emergency exception defense applies does not completely absolve the employer of its duty to afford a union with notice and the opportunity to bargain; rather, the employer must afford the union these rights “to the extent that the situation permits, although an impasse is not necessary.” (Santa Clara County Correctional Peace Officers’ Assn., Inc. v. County of Santa Clara (2014) 224 Cal.App.4th 1016, 1032.) Thus, although an employer facing a true emergency can implement emergency measures before it reaches an impasse or an agreement, the employer must provide notice and opportunity to bargain to the extent practicable at all times. (Imperial, supra, PERB Decision No. 2861-M, p. 56.) (p. 33.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Although “time may be of the essence during a pandemic, that consideration goes to the limitations on bargaining obligations when an emergency compels an employer to act rapidly; it does not, however, turn the topic into a non-mandatory subject of bargaining.” (Oxnard Union High School District (2022) PERB Decision No. 2803, p. 43.) Bargaining was practicable even in the early weeks of the COVID-19 pandemic, and the emergency did not shield the County from that duty; rather, the pandemic merely allowed the County to take certain emergency measures before bargaining was complete. (pp. 28-29.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2861M | Imperial Irrigation District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception “[N]either exigent circumstances nor a business necessity completely absolves an employer of its duty to notify and bargain.” (Santa Clara County Correctional Peace Officers’ Assn. v. County of Santa Clara (2014) 224 Cal.App.4th 1016, 1032.) In a bona fide emergency, the employer need not await impasse before taking steps urgently needed to mitigate the emergency, but then the employer must continue bargaining to the extent practicable. Because an emergency is not a static event, changes taken in good faith reliance on a necessity defense should be limited to the timeframe that the emergency requires, and there remains an obligation to bargain in good faith as time allows. (p. 56.) more or view all topics or full text. | 47 | 163 | 05/08/23 |
| 2861M | Imperial Irrigation District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception The MMBA does not define what circumstances constitute an “emergency.” In Sonoma County Organization etc. Employees v. County of Sonoma (1992) 1 Cal.App.4th 267, the Court of Appeal found that the term “has long been accepted in California as an unforeseen situation calling for immediate action.” (Id. at p. 276.) “[A]n emergency must have a substantial likelihood that serious harm will be experienced” and “is not synonymous with expediency, convenience, or best interests.” (Id. at p. 277, internal citations omitted.) While the statutory emergency defense is unique to the MMBA, the Board has recognized an affirmative defense available under all PERB-administered statutes that serves the same function. This “business necessity” defense requires the employer to prove: (1) an actual financial or other emergency that (2) leaves no real alternative to the action taken and (3) allows no time for meaningful negotiations before taking action. In past decisions, the Board has treated the two defenses as interchangeable by requiring the same elements to establish either affirmative defense. Here, there was certainly an emergency. The COVID-19 pandemic was nascent in the United States and rapidly developing. The District’s provision of electricity and water to residents of Imperial Valley was at risk of disruption. While the pandemic permitted the District to sequester employees before it completed negotiations, however, the District failed to demonstrate that the emergency left it with no real alternative to altering the compensation framework before completing negotiations. In addition, although the circumstances here allowed very limited time before taking action to sequester employees, they imposed no rapid deadline on bargaining over compensation. The District therefore did not establish that it was excused from bargaining compensation under section 3504.5, subdivision (b), because it did not prove the second and third prongs of the defense. Moreover, even had it done so, the defense still requires an employer to meet and confer at the earliest practicable opportunity following implementation (§ 3504.5, subd. (b)), yet the District abandoned negotiations altogether contemporaneously with its implementation. (pp. 55-56, 61-62.) more or view all topics or full text. | 47 | 163 | 05/08/23 |
| 2861M | Imperial Irrigation District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Even when a sudden emergency resulting from circumstances beyond an employer’s control leaves it no alternative but to take immediate action, there remains an obligation to bargain in good faith as time allows. By asserting from the onset of negotiations that it had no obligation to bargain with IBEW over the Sequestration Policy, and repeating that sentiment, the District disregarded the above precedent holding that even when an emergency allows temporary unilateral action, it does not simply extinguish the duty to bargain. (p. 53.) more or view all topics or full text. | 47 | 163 | 05/08/23 |
| 2861M | Imperial Irrigation District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception An employer endeavoring to avail itself of the MMBA’s emergency defense in section 3504.5, subdivision (b) must meet a high bar: it must not only prove the existence of an actual financial or other emergency, it must also show that the emergency left the employer with no alternative to the action taken and allowed insufficient time for meaningful negotiations before taking action. In emergencies where immediate adoption of a resolution without meeting and conferring is necessary, the statute further requires the employer to provide the exclusive representative “notice and opportunity to meet at the earliest practicable time following the adoption.” (§ 3504.5, subd. (b).) (pp. 41-42.) more or view all topics or full text. | 47 | 163 | 05/08/23 |
| 2803E | Oxnard Union High School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception An employer bears a “heavy burden” if it “wishes to repudiate a collective bargaining agreement” based on a newly enacted law and cannot do so if the new statutory provisions “give the employer discretion.” (Fountain Valley Elementary School District (1987) PERB Decision No. 625, p. 27.) more or view all topics or full text. | 46 | 110 | 01/26/22 |
| 2803E | Oxnard Union High School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception An employer is excused temporarily from its normal bargaining obligation when a sudden emergency resulting from circumstances beyond its control leaves it no alternative but to take immediate action, allowing no time for meaningful negotiations before it must act. (Lucia Mar Unified School District (2001) PERB Decision No. 1440, adopting proposed decision at pp. 46-47; Calexico Unified School District (1983) PERB Decision No. 357, adopting proposed decision at p. 20.) Because an emergency is not a static event, changes taken in good faith reliance on a necessity defense should be limited to the timeframe that the emergency requires, and there remains an obligation to bargain in good faith as time allows. (See, e.g., Pittsburg Unified School District (1983) PERB Decision No. 318, pp. 17 & 20-21 [one aspect of employer’s unlawful conduct was failure to limit its unilateral change to the period necessitated by the alleged emergency].) The onset of the COVID-19 pandemic presented an emergency that temporarily curtailed the District’s bargaining obligations because the District had to act almost overnight to protect staff, students, and their families from a transmissible, life-threatening virus. Accordingly, the District was permitted to require its employees to work from home in March 2020, provided it bargained in good faith as time allowed. The right to respond to a public health emergency by instituting distance learning must logically include, as a general proposition, the right to return to the status quo in stages, while providing employee unions with advance notice and opportunities to bargain when time allows. (Regents of the University of California (1998) PERB Decision No. 1255-H, adopting proposed decision at p. 37.) In the instant case, however, the District reached an agreement with the Federation that allowed employees the right to work from home for the remainder of the school year unless the District required students to return to in-person instruction. more or view all topics or full text. | 46 | 110 | 01/26/22 |
| 2772M | County of Sonoma * * * VACATED IN PART by County of Sonoma (2023) PERB Decision No. 2772a-M * * * 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception “[U]nder exceptionally limited circumstances, an employer may be excused from negotiating on the basis of true emergency that provides a basis for claiming that a business necessity excused a unilateral change.” To establish this emergency exception, the employer must make a specific and actual showing of an emergency that leaves no alternative to the action taken and allows no time for meaningful negotiations before taking action. The alleged necessity must be the unavoidable result of a sudden change in circumstance beyond the employer’s control. Emergency is not synonymous with expediency, convenience, or best interests. The County failed prove that it had no alternative to placing the ballot measure on the November 2020 ballot and the expediency, convenience, or best interests served by placing the ballot measure on the November 2020 ballot did not amount to an emergency that excused the County from its obligation under the MMBA to provide the Associations notice and an opportunity to bargain before doing so. (pp. 49-52.)A public agency may be privileged to place a measure on the ballot prior to completing negotiations when it is “faced with an imminent need to act prior to the statutory deadline for submitting the [measure] for the ballot.” But the statutory deadline itself is not such an “imminent need.” No evidence in the record established an “imminent need” for the County to have called a special election to place the ballot measure on the November 2020 ballot. As a result, the County’s obligation to meet and confer over the measure’s negotiable amendments was not excused. (pp. 51-52.) more or view all topics or full text. | 46 | 8 | 06/23/21 |
| 2544E | Bellflower Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2518E | Los Angeles Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Neither school district’s size nor the low graduation rate of its students excused it from bargaining over the negotiable subject of teacher evaluation criteria. School district did not demonstrate that any failures of its existing observation and evaluation system ever reached emergency proportions. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2433M | Salinas Valley Memorial Healthcare System 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception A hospital’s layoff implementation date is not arbitrary when: (1) it is pegged to economic factors external to the hospital’s decision-making authority and beyond its control; (2) the hospital exercises its management prerogative to reduce staff in light of foreseeably lower patient census numbers and a reduction in revenue; and (3) the union never proposed an alternative date for the layoffs based on a different substantive reason other than that cited by the hospital. more or view all topics or full text. | 40 | 4 | 06/15/15 |
| 2423M | County of San Bernardino (Office of the Public Defender) 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Under exceptionally limited circumstances, an employer may be excused from negotiating on the basis of true emergency that provides a basis for claiming that a business necessity excused a unilateral change. However, to establish “operational necessity” or “business necessity” as a defense to a unilateral change, the employer must establish an actual financial or other emergency that leaves no alternative to the action taken and allows no time for meaningful negotiations before taking action. The alleged necessity must be the unavoidable result of a sudden change in circumstance beyond the employer’s control. The Public Defender’s alleged “legitimate business reasons” for unilaterally constraining a union’s authority to choose its representatives for investigatory interviews do not rise to the required level of an unforeseen and unavoidable result due to a sudden change in circumstance beyond the employer’s control. The Public Defender knew of the relevant circumstances two years before it unilaterally implemented its new and expanded policy, and the Public Defender cites no evidence of any exigent circumstances that could justify its unilateral action. more or view all topics or full text. | 39 | 165 | 05/15/15 |
| 2394C | Santa Clara County Superior Court 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception The overriding intent of Government Code section 68106 was to save money so that the judicial branch could continue to function. more or view all topics or full text. | 39 | 56 | 10/20/14 |
| 2298M | Salinas Valley Memorial Healthcare System 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception It is undisputed that the hospital’s layoff decision was driven by labor cost considerations. Thus, the implementation (timing of the layoff, and the number and identity of employees to be laid off) and the impact and effects on remaining employees, including workload and safety, were mandatory subjects for meeting and conferring prior to the implementation of the layoff. (City of Richmond (2011) 51 Cal.4th 259.) more or view all topics or full text. | 37 | 137 | 12/20/12 |
| 2380M | City of Selma 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Economic exigency does not suspend the duty to bargain in good faith. Nor is an employer’s deadline, such as the beginning of a budget year or the expiration of an MOU, an excuse to avoid bargaining in good faith. more or view all topics or full text. | 39 | 11 | 06/27/14 |
| 2296M | City of Long Beach 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Asserted fiscal emergency under MMBA section 3504.5 did not authorize city to impose furloughs, where city did not formally declare fiscal emergency until two months after it unilaterally implemented furlough plan and failed to establish that it had no alternative to unilaterally imposing furloughs rather than complete the meet and confer process. more or view all topics or full text. | 37 | 130 | 12/04/12 |
| 2271M | City of Davis 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall. more or view all topics or full text. | 37 | 12 | 06/08/12 |
| 1972E | Temple City Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified. more or view all topics or full text. | 32 | 132 | 08/26/08 |
| 1440E | Lucia Mar Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Employer must demonstrate that the necessity is the unavoidable result of a sudden change in circumstances beyond the employer's control in order to justify unilateral action. The timing of emergency must preclude opportunity for negotiation and there must be no alternative. more or view all topics or full text. | 25 | 32073 | 05/24/01 |
| 1255H | Regents of the University of California (California Nurses Association) 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception While earthquake created unanticipated and devastating situation, Board finds no business necessity where University maintained unilaterally implemented change after emergency had subsided and no facts support emergency transfer of work; p. 37, proposed dec. more or view all topics or full text. | 22 | 29066 | 03/20/98 |
| 1045E | Oakland Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception To excuse a unilateral change due to business necessity, the district must prove that the financial crisis offered no real alternative to the unilateral action and prevented any opportunity for meaningful negotiations; p. 10, proposed decision. Although the district was clearly having financial difficulties, several options, short of unilaterally terminiating the existing health plan, were available to the district. The district also failed to prove that its financial condition allowed no additional time for further negotiations or for completion of the impasse procedures; p. 11, proposed decision. more or view all topics or full text. | 18 | 25073 | 05/03/94 |
| 0911E | Cloverdale Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception An employer may sucessfully defend a unilateral change in the status quo on the basis of business necessity. The District failed to establish that an emergency existed which was sufficient to necessitate the revision of the teachers' schedule; p. 21. more or view all topics or full text. | 15 | 22179 | 11/20/91 |
| 0784E | Compton Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception An employer may not take unilateral action on negotiable subjects, even if faced with actual economic collapse of unknown proportions. It may bring its concerns to the bargaining table. District's claim that it was required by operational necessity to unilaterally reduce overtime to allow students to complete a work study program did not constitute a defense of economic necessity. more or view all topics or full text. | 14 | 21029 | 12/29/89 |
| 0684E | Los Rios Community College District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Employer faced with a true emergency and a recalcitrant union may sucessfully defend a unilateral change on the basis of business necessity. more or view all topics or full text. | 12 | 19112 | 06/23/88 |
| 0625E | Fountain Valley Elementary School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception No business necessity shown in implementing nonmandatory provisions of SB 813. more or view all topics or full text. | 11 | 18115 | 06/23/87 |
| 0488E | Pleasant Valley School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Fiscal hardship and program comparability requirements do not excuse unilateral reduction in instructional aide hours; ignorance of own operations no excuse for unilateral action, even if it were, there was sufficient time to bargain. more or view all topics or full text. | 9 | 16093 | 02/27/85 |
| 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 * * * 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception * * * OVERRULED IN PART ON OTHER GROUNDS by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Fact that Education Code contains certain deadlines regarding layoff notices did not constitute “business necessity” justifying a failure to negotiate implementation of layoff; p. 36. more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0367E | Oakland Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Unilateral action of implementing school calendar not justified by operational necessity based on community pressure and potential confusion in education program; pp. 36-37. more or view all topics or full text. | 8 | 15008 | 12/16/83 |
| 0357E | Calexico Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Employer must, to establish business necessity defense, to unilateral action on salaries, show actual financial emergency which leaves no real alternative to the action taken and allows no time for meaningful negotiations before taking action. more or view all topics or full text. | 7 | 14291 | 11/22/83 |
| 0318E | Pittsburg Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Employer's reduction of 12 to 10 month of clerical employees for all time is not reduction to perceived funding crisis. more or view all topics or full text. | 7 | 14176 | 06/10/83 |
| 0275E | Oakland Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception As District's position of maintaining seniority pursuant to Education Code was based on legitimate concerns, District fulfilled its obligation to negotiate over proposal in good faith; p. 19. more or view all topics or full text. | 7 | 14029 | 12/29/82 |
| 0269S | State of California (Department of Health Services) 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Education Code section 42694.5, which gives county superintendent ultimate authority over pay warrants, does not allow the employer to assert the defense of "impossibility" with respect to its ability to negotiate lump-sum payments; pp. 14-16. more or view all topics or full text. | 7 | 14023 | 12/22/82 |
| 0236E | Oakland Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Employer cannot defend charge of unilateral change on the basis that it is faced with an economic crisis of unknown dimensions where the facts do not reveal an acute time frame in which it must act; p. 14. more or view all topics or full text. | 6 | 13201 | 08/31/82 |
| 0206E | Moreno Valley Unified School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Financial uncertainty, resulting from passage of Proposition 13, does not enable an employer to take unilateral action on matters within scope. The employer must fulfill negotiating responsibility; pp. 17-18, proposed dec. more or view all topics or full text. | 6 | 13107 | 04/30/82 |
| 0201E | Anaheim Union High School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception District's claim it acted on good faith belief that it had to reduce teachers' salaries by July 1 (Proposition 13) rejected. District under no such legal obligation; p. 5. more or view all topics or full text. | 6 | 13078 | 03/26/82 |
| 0175E | Sutter Union High School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception School employer contention that it had to increase length of school day in order to meet University of California admission standards and is rejected. School district, knowing it must make curriculum change, cannot sit back until last minute and then make change unilaterally. more or view all topics or full text. | 5 | 12128 | 10/07/81 |
| 0146E | San Francisco Community College District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Fears of economic problems in the wake of passage of Proposition 13 do not justify employer's unilateral elimination of supervisory stipends, certain fringe benefits and salary step increments. more or view all topics or full text. | 4 | 11199 | 11/25/80 |
| 0116E | Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Financial situation does not excuse unilateral change where District had early knowledge of its financial problems and sufficient time to negotiate prior to implementation of salary freeze; pp. 28-29. more or view all topics or full text. | 4 | 11031 | 02/22/80 |
| 0105E | San Francisco Community College District 608.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Business Necessity; Emergency Exception Passage of Prop. 13 insufficient to justify refusal to bargain; pp. 8-11. When confronted with economic reversal of unknown proportions, district may not take unilateral action on matters within scope; pp. 10-11. more or view all topics or full text. | 3 | 10127 | 10/12/79 |