Decision 0178E – Oakland Unified School District

SF-CE-321

Decision Date: November 2, 1981

Decision Type: PERB Decision

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Perc Vol: 5
Perc Index: 12149

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

Proposal of exclusive representative that public school employer must give a notice within restricted time frame about pending layoffs is within scope. Education Code does not preempt negotiations on that subject. Proposal of exclusive representative that public school employer must negotiate about timing of layoffs is within scope. Education Code does not preempt negotiations on that subject.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.04000 – During Impasse

Employer maintenance of hard bargaining refusal during impasse on union's notice-of-layoff proposal is not bad faith. Nothing in EERA requires parties to make concessions on every position.

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

Employer's refusal to present counterproposal on subject of notice for layoffs does not constitute bad faith bargaining. Nothing in EERA requires parties to reach agreement or make concessions on every proposal. Adamant insistence on a bargaining position is not necessarily a refusal to negotiate in good faith. Employer's conduct is lawful hard bargaining.