Decision 0540E – Oakland Unified School District

Even though seniority is a mandatory subject of bargaining, inclusion of a seniority provision in parties' collective bargaining agreement evidences union's exercise of right to negotiation and supercedes right to negotiate re layoffs.

Reinstatement inappropriate where decision to layoff is non-negotiable.

Payment of wages to laid off employees to begin after Board decision becomes final and continue until agreement, impasse, or failure of union to request negotiation.

Where the time frame between decision and implementation provides "ample opportunity" for good faith negotiation, no per se violation by passage of resolution adopting decision to layoff and reduction in hours.

Where District tied "effects" bargaining to future wage increases, it was a violation not to include "effects" bargaining in negotiations for successor agreement.

Applying totality of the circumstances test, Board found refusal to engage in good faith bargaining where employer refused to negotiate between decision and public announcement.

Refusal to provide information in timely fashion or to provide adequate salary information where District has no reason to support refusal evinces bad faith bargaining.

District evinced inflexible position when it refused to provide information or negotiate after making decision but before making public disclosure; conduct evinced take it or leave it attitude.