All notes for Subtopic 608.15000 – Hard Bargaining

DecisionDescriptionPERC Vol.PERC IndexDate
2571M City of San Ramon
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
A party exhibits bad faith if it fails to adequately explain its inflexible position. (County of San Luis Obispo (2015) PERB Decision No. 2427-M, p. 29; San Bernardino City Unified School District (1998) PERB Decision No. 1270, at pp. 85-86.) However, an inflexible position that is fairly maintained and rationally supported does not, alone, prove bad faith. (Oakland Unified School District (1982) PERB Decision No. 275, p. 16.) Hard bargaining cannot shield party from liability if it adopted a take-it-or-leave-it attitude or rushed to impasse. Employer adopted a “take-it-or-leave it” attitude when it (1) presented its position as an ultimatum, telling union it had a choice of either accepting new terms or arriving at impasse; (2) showed a predetermination to negotiate or impose its own proposals without carefully and mutually reviewing the union’s proposals, issues, and concessions; and (3) declared impasse based not on an assessment of the parties’ actual differences, but on the fact that it had not achieved capitulation to all of its demands. Furthermore, County of Solano (2014) PERB Decision No. 2402-M, is in tension with Regents of the University of California (1983) PERB Decision No. 356-H, p. 21, as it may be bad faith for employer to insist that it will not agree to different terms for different employee groups. more or view all topics or full text.
43606/20/18
2461M County of Tulare
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
The County lawfully engaged in hard bargaining by consistently maintaining that it would not agree to economic terms that involved ongoing expenses, and it explained this reason to SEIU in negotiations. The County was open to other proposals to use the one-time funds other than a furlough suspension, but SEIU never presented a proposal that would use only one-time funds. Thus, SEIU failed to establish that the County unlawfully insisted on its initial position by taking a “take-it-or-leave-it” attitude. more or view all topics or full text.
408110/30/15
2433M Salinas Valley Memorial Healthcare System
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
Simply because a hospital rejects a union’s proposal regarding implementation of a layoff, where the proposal does nothing to ultimately save labor costs, does not mean that it refused to negotiate or bargained in bad faith. more or view all topics or full text.
40406/15/15
2108S State of California (Department of Corrections and Rehabilitation)
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith. more or view all topics or full text.
348205/10/10
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
Employer’s refusal to agree to employee organization’s proposal to incorporate state regulations setting minimum nurse-to-patient staffing ratios into collective bargaining agreement constituted “hard bargaining.” Employer’s position was supported by rational arguments and clearly communicated to union at the bargaining table. more or view all topics or full text.
344102/02/10
1954E Berkeley Unified School District
608.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Hard Bargaining
The Board found that the District did not engage in bad faith bargaining when it refused to agree to apply Education Code section 45210 and section 3543.1(c) of EERA to the president of the union. The Board held that it is not possible for an employee on leave under the Education Code to be released under EERA because the employee is already on leave. The District maintained a firm position regarding its released time proposal. more or view all topics or full text.
327304/21/08