Decision 0326E – Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
SF-CE-476
Decision Date: July 11, 1983
Decision Type: PERB Decision
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Perc Vol: 7
Perc Index: 14195
Decision Headnotes
604.03000 – Form of Information Provided; Costs
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Names of employees to be laid off is relevant and necessary to employee organization; p. 37.
602.02000 – Adequate Prior Notice and Opportunity to Bargain
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer obligated to give notice and opportunity to bargain over effects of layoff; p. 30.
606.12000 – Failure to Sunshine Proposals
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
District's failure to sunshine proposals evidence of bad faith; p. 40.
606.06000 – Time Limit on Negotiations
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Bargaining scenario, coupled with employer's imposed deadline, smacks of bad faith; p. 39.
606.05000 – Dilatory or Evasive Tactics
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
District's tactics constituted manipulation of the negotiation process to delay and obstruct a timely agreement; p. 34.
606.02000 – Inflexible Position
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer's counter-proposals may be viewed as evidence of bad faith; p. 38.
601.03000 – Decision vs Effects Bargaining
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Effects of layoff negotiable; p. 30.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Totality of circumstances shows bad faith bargaining.
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer's posting of union proposal evidence of bad faith in context of negotiations.
1104.07000 – Bias or Prejudice/Motion to Disqualify
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
ALJ analysis of witnesses' testimony not evidence of bias; p. 34.
1000.02134 – Staffing Practice
Elimination of positions. Union proposal to lay off one employee in lieu of another is in contravention of employer decision to lay off, and therefore nonnegotiable; p. 32.
1000.02128 – Seniority
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Non-negotiable page 30, footnote 13. Time date certain for cutting off possible layoff not negotiable. Notice and timing of layoff are negotiable. Proposal for 180 day notice not in conflict with Education Code and is negotiable.
604.05000 – Subjects of Information
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Names of employees to be laid off is relevant and necessary to employee organization; p. 37.
606.15000 – Other
Other employer's sunshining of exclusive rep's proposal is evidence of bad faith; p. 39. Authority of negotiator rules discussed; p. 42.
1502.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Employer and employee organization cannot agree to waive sunshine obligations; p. 40.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
While Education Code 45117(c) pertains to layoff of classified employees, notices and timing of layoff are negotiable effects and are not precluded by Ed. Code; p. 30.
1500.02000 – Education Code Sections Considered by PERB (By Number)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Notice and timing of layoff are negotiable effects and are not precluded by Ed. Code; p. 30.
1205.10000 – Other Affirmative Relief
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
Board orders modified remedy for unlawful failure to bargain effects of lay off.
1205.07000 – Restoration of Status Quo
Board orders modified remedy for unlawful failure to bargain effects of layoff.
1203.01000 – In General
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
Board orders modified remedy for unlawful failure to bargain effects of layoff.
1201.03000 – Back Pay; Interest
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
Board empowered to order reinstatement where layoff but declines and orders modified remedy because employer had authority to make decision to lay off.
1201.02000 – Reinstatement
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *
Board empowered to order reinstatement where layoff but declines and orders modified remedy because employer had authority to make decision to lay off.
1107.16000 – Disqualification or Bias of Board Agent
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
ALJ analysis of witnesses' testimony not evidence of bias; p. 34.
1000.02076 – Lay-Offs
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Decision to lay off is non-negotiable; p. 30.
1000.02040 – Elimination of Positions
Union proposal to lay off one employee in lieu of another is in contravention of employer decision to lay off; p. 32.
900.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
No impasse where parties have stalemated as result of bad faith bargaining; p. 43.