Decision 0105E – San Francisco Community College District

When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.

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.

When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.

Duty to bargain does not imply a duty to reach an agreement; p. 13.

Constitutional provision prohibiting debt incurring beyond revenues does not excuse refusal to bargain; pp. 12-13. Contract law defenses separate from negotiating issues and irrelevant in light of PERB's jurisdiction; pp. 17-18.

Board will not readily infer a party has waived its rights; no waiver found where Federation repeated its demand to negotiate until District implemented unilateral change.

Refusal to negotiate over matter within scope of representation denied organization rights and individual employee rights and thus concurrently violated EERA 3543.1(a) and (b); disapproves statements to contrary in No. 69.