Decision 0560E – Alhambra City and High School District
LA-CE-1801
Decision Date: January 8, 1986
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17046
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Where, following a tentative agreement, the employer makes a proposal conditioned upon union waiver of right to bargain, conduct analyzed under "totality" test.
409.06000 – Free Speech
Accurate communication to employees concerning negotiations, where there is no evidence of threat or coercion, nor of intent to bypass or undermine union, is lawful.
608.12000 – Good Faith; DeMinimus; Temporary Change
Absent evidence of bad faith, employer may, following a tentative agreement, lawfully condition additional proposal upon union's waiver of right to bargain and later withdraw the proposal and refuse to bargain over it.
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Absent evidence of bad faith, employer may lawfully condition additional proposal upon union's waiver of right to bargain; employer may also withdraw such a proposal and refuse to bargain over it; period after tentative agreement analgous to mid-term period, thus proposal does not by itself reopen negotiations; once tentative agreement reached, there is implication both parties will take agreement to principals in good faith effort to secure ratification; absent extenuating circumstances, either side may refuse to reopen negotiations pending ratification; good faith rejection of tentative agreement by principals revives duty to bargain.
603.01000 – In General
Accurate commnication to employees concerning negotiations, where there is no evidence of threat or coercion, nor of intent to bypass or undermine union, is lawful.