All notes for Subtopic 804.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2609I San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
The unilateral change test is equally applicable to unilateral repudiations by an employer or by an employee organization. more or view all topics or full text.
439912/18/18
2290E Inglewood Unified School District
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Charge failed to allege a prima facie violation of the duty to bargain over reopener proposal, where contractual zipper clause barred negotiations unless one of two exceptions applied and employer failed to reopen agreement in a timely fashion. Document entitled “Proposal for a Side Letter Agreement” submitted in context of meetings over fiscal crisis did not constitute a valid demand to bargain, did not create a bargaining obligation, and did not constitute timely reopener demand, and untimely bargaining request did not “relate back” to proposal. more or view all topics or full text.
10/29/12
2105H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 )
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
The same standard for evaluation of a unilateral change violation by an employer applies to evaluation of a unilateral change violation by a union. more or view all topics or full text.
347304/21/10
1899E Service Employees International Union Local 99 (Gutierrez)
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
The employee organization is obligated to meet and confer with the public school employer in good faith. However, individual employees lack standing to allege that an employee organization has failed to bargain in good faith. more or view all topics or full text.
319004/16/07
1601S State of California (Department of Personnel Administration)
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Prohibition against unilateral changes within the scope of representation apply to employee organizations. Union committee unfair practice by unilaterally changing its procedures for authorizing union leave. Board found that requiring union to negotiate over these procedures will not abridge union’s fundamental managerial prerogatives. more or view all topics or full text.
288702/24/04
1282E Southwestern Community College District
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Allegations of delay (refusal to schedule bargaining during finals week or winter break) do not rise to level of per se violation of the duty to bargain in good faith and are analyzed under the "totality of the circumstances" test; p. 1 and 2, dismissal letter. Ground rules for negotiation, including the time and place of negotiations, are within the scope of bargaining; p. 3, warning letter. Allegations that parties exchanged numerous proposals regarding the time and place of bargaining and that union precipitously cancelled one bargaining session are insufficient to demonstrate violation of the duty to bargain in good faith; p. 3, warning letter. more or view all topics or full text.
222915309/03/98
1265E Kern High School District
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Association bargaining team members agreed to a tentative agreement and to take it to their principals to secure ratification. When nearly half of the team members' actively campaigned against ratification of the agreement, the process was sufficiently undermined to call into question the good faith bargaining of the Association and states a prima facie case of bad faith bargaining. (Alhambra City and High School Districts (1986) PERB Decision No. 560, p. 14; Placerville Union School District (1978) PERB Decision No. 69.); pp. 2-3. more or view all topics or full text.
222909405/27/98
1119H University of California, Lawrence Livermore National Laboratory
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
The standard generally applied to determine whether good faith negotiations have occurred is called the totality of conduct test. This test reviews the entire course of conduct during negotiations to determine whether the parties have negotiated in good faith with the requisite subjective intention of reaching an agreement; p. 3, warning letter. Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter. more or view all topics or full text.
192614410/04/95
0900S State of California, Department of Personnel Administration (Professional Engineers in California Government)
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Insistence upon negotiations on a mandatory subject such as released time is not a per se violation of the duty to bargain. more or view all topics or full text.
152215109/13/91
0728E Compton Community College District
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
A representative from one unit monitoring the salary negotiations of another unit is not coalition bargaining where there is no other evidence the units were trying to merge or obtain the same contract; pp. 3-6. more or view all topics or full text.
132007604/04/89
0581E Antioch Unified School District
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Layoff proposals arising during ongoing contract negotiations for new contract is not an initial proposal requiring "sunshining," therefore, employer's failure to sunshine did not excuse union requiring refusal to bargain. more or view all topics or full text.
101713706/30/86
0984H American Federation of State, County and Municipal Employees (Alvarez)
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Charging party lacked standing to assert a violation of the exclusive representative's duty to bargain in good faith; p. 4. more or view all topics or full text.
172406403/23/93
0922H Regents of the University of California (University of California-American Federation of Teachers)
804.1000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
Rules for evaluating alleged unilateral changes by unions are the same as rules for evaluating alleged unilateral changes by employers; pp. 17-18. more or view all topics or full text.
162303302/07/92