Decision 0178E – Oakland Unified School District
Decision Date: November 2, 1981
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12149
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.
900.04000 – 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.
606.02000 – 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.