Decision 0326E – Oakland USD

SF-CE-476

Decision Date: July 11, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14195

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Employer obligated to give notice and opportunity to bargain on effects of layoff; p. 30.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.03000 – Form of Information Provided; Costs

Names of employees to be laid off is relevant and necessary to employee organization; p. 37.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

Names of employees to be laid off is relevant and necessary to employee organization; p. 37.

1000.00000 – SCOPE OF REPRESENTATION
1000.02128 – Seniority

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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.07000 – Bias or Prejudice/Motion to Disqualify

ALJ analysis of witnesses' testimony not evidence of bias; p. 34.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions

Employer's posting of union proposal evidence of bad faith in context of negotiations.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

Totality of circumstances shows bad faith bargaining.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

Effects of layoff negotiable; p. 30.

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 counter-proposals may be viewed as evidence of bad faith; p. 38.

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

District's tactics constituted manipulation of the negotiation process to delay and obstruct a timely agreement; p. 34.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.06000 – Time Limit on Negotiations

Bargaining scenario, coupled with employer's imposed deadline, smacks of bad faith; p. 39.

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

District's failure to sunshine proposals evidence of bad faith; p. 40.

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

No impasse where parties have stalemated as result of bad faith bargaining; p. 43.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

Decision to lay off is non-negotiable; p. 30.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

ALJ analysis of witnesses' testimony not evidence of bias; p. 34.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

Board empowered to order reinstatement where layoff but declines and orders modified remedy because employer had authority to make decision to lay off.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Board empowered to order reinstatement where layoff but declines and orders modified remedy because employer had authority to make decision to lay off.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

Board orders modified remedy for unlawful failure to bargain effects of layoff.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

Board orders modified remedy for unlawful failure to bargain effects of layoff.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Board orders modified remedy for unlawful failure to bargain effects of lay off.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Education Code section 45117(c); pertains to layoff notices. Notice and timing of layoff are negotiable effects and are not precluded by Ed. Code; p. 30.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

While Ed. 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.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.01000 – In General

Employer and employee organization cannot agree to waive sunshine obligations; p. 40.

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