Decision 0277E – Westminster School District

LA-CE-424; CO-69

Decision Date: December 31, 1982

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14034

Decision Headnotes

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

No refusal to negotiate in good faith where Association's conduct did not indicate an intent to obstruct negotiations as (1) it was consistent with Association's prearranged understanding with mediator and (2) Association subsequently requested additional meetings and continued to seek meaningful response from District; p. 5.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

No refusal to bargain or participate in impasse where statements at public meeting did not constitute negotiations; p. 12.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.02000 – Pre-Impasse

As Association neither alleged nor proved that its pre-impasse strike was provoked by the District's conduct, the work stoppage was an economic strike and constituted a refusal to negotiate and to participate in impasse; pp. 15-16.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.03000 – Strike as Unlawful Pressure Tactic

As Association neither alleged nor proved that its pre-impasse strike was provoked by the District's conduct, the work stoppage was an economic strike and constituted a refusal to negotiate and to participate in impasse; pp. 15-16.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.03000 – Pre-Impasse

As Association neither alleged nor proved that its pre-impasse strike was provoked by the District's conduct, the work stoppage was an economic strike and constituted a refusal to negotiate and to participate in impasse; pp 15-16.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.03000 – Unlawful Strikes

District's claimed expenses for substitute training and telephone tree were neither consequence of the strike nor proper mitigation measures, and are not properly chargeable to Association; p. 19.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.01000 – In General

District's claimed expenses for substitute training and telephone tree were neither consequence of the strike nor proper mitigation measures, and are not properly chargeable to Association; p. 19.