All notes for Subtopic 608.12000 – Good Faith; DeMinimus; Temporary Change
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2701I | Region 2 Court Interpreter Employment Relations Committee 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Employer’s offer to meet and confer with the exclusive representative over the elimination of a stipend after notifying the representative that it would stop making the payments does not ameliorate its unilateral change in past practice. When the exclusive representative first learns of a negotiable change after the decision has been made, by definition, there has been inadequate notice. (p. 56.) more or view all topics or full text. | 44 | 150 | 03/16/20 |
| 2611M | County of Orange 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Employer’s changes to union release time policies and practices had more than a de minimis impact on employees’ and their representatives’ representational rights. (p. 12.) Because of its relationship to employer-employee relations and its direct impact on employees’ wages and hours of employment, the employer’s changes, unlike in Claremont Police Officers Assn. v. City of Claremont (2009) 39 Cal.4th 623, resulted in denials of paid release time employees would have otherwise received under the employer’s past practices. (pp. 11-12.) more or view all topics or full text. | 43 | 101 | 12/19/18 |
| 2431M | County of Santa Clara 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change The reversal or rescission of a unilateral change does not excuse or cure the alleged violation or otherwise render it moot where the respondent maintains that it has the right to repeat the complained-of conduct. more or view all topics or full text. | 39 | 181 | 06/10/15 |
| 1895E | Newark Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Although the pre-paid legal services plan was negotiable, the District did not unilaterally implement the program, because the program did not have a generalized and continued impact on the bargaining unit. more or view all topics or full text. | 31 | 78 | 03/27/07 |
| 1760H | Trustees of the California State University 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change In the absence of any evidence showing that the university had authorized its Skelly hearing officer to exclude a second union representative from the hearing, the hearing officer's misinterpretation of the university's instructions cannot be imputed to the university; p. 14. The Skelly hearing officer's actions constituted only a one-time breach of the university's policy, and did not have a generalized effect or continuing impact upon the terms and conditions of employment of bargaining unit members; p. 14. more or view all topics or full text. | 29 | 105 | 03/30/05 |
| 1725E | Hilmar Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change The District did not unilaterally change health benefits. The memo to employees asking the employees to select between two health plan options itself did not constitute a change. Also, once the District was told the tentative agreement had not been ratified, the District stopped implementation of the plan more or view all topics or full text. | 29 | 35 | 12/15/04 |
| 1374S | State of California (Department of Youth Authority) 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Youth Authority's change of pattern of union representation at one institution is not a mere default in a contractual obligation but a change in policy. more or view all topics or full text. | 24 | 31059 | 02/28/00 |
| 1294E | Kern High School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter. more or view all topics or full text. | 23 | 30008 | 10/22/98 |
| 1287E | Antelope Valley Union High School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Although district was correct that arbitration clause did not survive expiration of the CBA, district's erroneous view of law that grievance procedures did not survive expiration of agreement was not linked to a change policy; evidence was only of isolated incidents which did not reach to the level of unilateral change. No unilateral change was proven with regard to action found to be an isolated breach of the CBA established disciplinary procedures; p. 15, proposed dec. more or view all topics or full text. | 22 | 29168 | 09/25/98 |
| 1259E | Fall River Joint Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Where District acknowledges policy in CBA but through error or disagreement fails to meet its contractual obligation by incorrectly stating that employee is only qualified for one vacancy, the dispute is over the application of the CBA provision and not the underlying policy embodied in the contract, the action stating that employee only qualifies for one position is not enough to constitute a unilateral change in violation of EERA; p. 26. more or view all topics or full text. | 22 | 29082 | 04/08/98 |
| 0560E | Alhambra City and High School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Absent evidence of bad faith, employer may, following a tentative agreement, lawfully condition additional proposal upon union's waiver of right to bargain and later withdraw the proposal and refuse to bargain over it. more or view all topics or full text. | 10 | 17046 | 01/08/86 |
| 0484S | State of California (Department of Developmental Services) 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change No adverse impact shown - no domination of unit by hiring of nonunit employees. more or view all topics or full text. | 9 | 16073 | 01/24/85 |
| 0481E | Eureka City School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Offer to transfer to another site does not excuse unilateral reduction in hours. more or view all topics or full text. | 9 | 16060 | 01/15/85 |
| 0357E | Calexico Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Good faith of employer, and/or willingness to continue negotiations is no defense to unilateral change. Tentative adoption of unilateral change, subject to subsequent negotiations no defense to unilateral change. more or view all topics or full text. | 7 | 14291 | 11/22/83 |
| 0321E | Palo Verde Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Employer's change from Blue Cross to Blue Shield not de minimus - far reaching improvements, not ony levels of benefits but integrity of carrier is important to employee organization. more or view all topics or full text. | 7 | 14182 | 06/20/83 |
| 0286E | Chico Unified School District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change No violation under Grant Joint Union HSD (1982) PERB Decison No. 196 where sick leave verification requirements during sick out were a reasonable application of the contract's provisions; p. 12. more or view all topics or full text. | 7 | 14077 | 02/22/83 |
| 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 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Subjective good faith insufficient to rebut unilateral change/refusal to negotiate change; pp. 17-18. more or view all topics or full text. | 4 | 11031 | 02/22/80 |
| 0094E | San Mateo County Community College District 608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change Subjective good faith is not sufficient even in face of Prop. 13 budget cuts; inability to pay is a negotiations issue, not a rationale for unilateral change; Board rejects "publication date" argument, no evidence that situation couldn't have been addressed in negotiations; p. 10. more or view all topics or full text. | 3 | 10080 | 06/08/79 |