Decision 0136E – Fremont Unified School District * * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a

SF-CO-19; SF-CO-20 and SF-CE-92

Decision Date: June 19, 1980

Decision Type: PERB Decision

* * * VACATED IN PART by Fremont Unified School District (1982) PERB Decision No. 136a * * *

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Perc Vol: 4
Perc Index: 11118

Decision Headnotes

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.07000 – Mediation

Employer treatment of mediation as a mere springboard to factfinding, with no effort to resolve or narrow differences, is evidence of bad faith.

802.00000 – UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES
802.01000 – In General

Strikes are not unlawful per se under EERA. It is the totality of the employee organization's conduct which controls. A work stoppage is a significant factor, but only one factor, to consider. In the context of the case as a whole, the work stoppage here, in response to employer unfair practice and during mediation, did not evidence an intent to avoid or delay agreement and therefore was not unlawful.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.12000 – Failure to Sunshine Proposals

Evidence of bad faith found in employer's refusal to negotiate over own positions because it had failed to sunshine them.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement

Evidence of bad faith found in employer's proposal after 10 weeks of negotiations that for the first time called for an increased work week, a grievance policy restricting rights of grievants and increasing employer flexibility in making involuntary transfer.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.05000 – Dilatory or Evasive Tactics

Evidence of bad faith found in employer's refusal to negotiate on various substantive matters until the term of the agreement was settled. Evidence of bad faith also found in employer's insistence that union reach "mutual perception" of employer's financial condition prior to bargaining about financial matters. Evidence of bad faith found in employer's conditioning of both economic and noneconomic items on voter approval of a tax measure in a distant election.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

Evidence of bad faith found in employer's inflexible position on salaries and benefits.