Decision 0603E – Lake Elsinore SD

LA-CE-2076

Decision Date: December 30, 1986

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18022

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

An employer cannot insist on the union's withdrawal of an unfair practice charge to impasse thereby conditioning a mandatory subject of bargaining on resolution of non-mandatory subject; pp. 5-7. However, merely proposing the union drop an unfair charge is not unlawful; pp. 9-10.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.04000 – During Impasse

An employer cannot insist on the union's withdrawal of an unfair practice charge to impasse thereby conditioning a mandatory subject of bargaining on resolution of non-mandatory subject; pp. 5-7. However, merely proposing the union drop an unfair charge is not unlawful; pp. 9-10.