All notes for Subtopic 608.12000 – Good Faith; DeMinimus; Temporary Change

DecisionDescriptionPERC Vol.PERC IndexDate
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.
4310112/19/18
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.
3918106/10/15
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.
317803/27/07
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.
2910503/30/05
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.
293512/15/04

608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change
Order for employee to submit to drug testing was a matter "relating to employment conditions" not requiring "consideration of the merits, necessity, or organization of any service or activity provided by law" in light of absence of evidence showing that cities' primary purpose was protection of public safety. City therefore violated bargaining obligation under MMBA by unilaterally ordering employee to submit to drug testing. Before issuing order city was required to meet and confer in good faith with the employees' bargaining organization and fully consider the presentations of the organization. more or view all topics or full text.

608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change
City's unilateral reorganization which deleted three bargaining unit positions at a city hospital and reclassified the positions as new positions at lower pay in different classifications outside the bargaining unit adversely affected an individual employee and the bargaining unit as a whole and therefore constituted more than a de minimis violation of city's duty to bargain. more or view all topics or full text.

608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change
Determination that imposition of $5 monthly parking fees not trivial and therefore subject to meet and confer by employee relations board created by the employee relations ordinance enacted by city pursuant to the MMBA is final and binding upon respondent city and upon the superior court if no review of determination pursuant to Code of Civil Procedure section 1094.5 is sought as ordinance called for final resolution of disputes, not advisory opinions. more or view all topics or full text.

608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change
All safety issues, regardless of their purported "materiality" or "significance," are mandatory subjects of bargaining. more or view all topics or full text.
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.
243105902/28/00
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.
233000810/22/98
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.
222916809/25/98
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.
222908204/08/98
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.
101704601/08/86
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.
91607301/24/85
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.
91606001/15/85
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.
71429111/22/83
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.
71418206/20/83
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.
71407702/22/83
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.
41103102/22/80
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.
31008006/08/79