Decision 0728E – Compton Community College District

LA-CE-2276; CO-350, 353, 360, 352, 359

Decision Date: April 4, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20076

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02058 – Ground Rules for Negotiations

Violations of ground rules viewed as reneging on an agreement and are an indicia of bad faith bargaining; p. 56, proposed dec.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement

Repudiation of tentative agreements and violations of ground rules are indicia of bad faith bargaining when the totality of conduct is reviewed; pp. 51-57, proposed dec.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.04000 – Failure to Explain Proposal

A district's refusal to clarify its proposals, labeling offers as firm and then withdrawing them, and refusal to present a picture of resources available to commit to the bargaining process was bad faith bargaining and a violation; p. 61, proposed dec.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.01000 – In General

A representative from one unit monitoring the salary negotiations of another unit is not coalition bargaining where there is no other evidence the units were trying to merge or obtain the same contract; pp. 3-6.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.01000 – In General

Where there is no evidence that the union encouraged, planned, authorized or ratified a "sick out," no violation of the duty to bargain in good faith will be found; p. 6.

802.00000 – UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES
802.01000 – In General

The fact that most union officials also called in sick is, in and of itself, insufficient to demonstrate union involvement in the "sick out;" p. 7.

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

The possibility that employees engaged in a spontaneous protest (sick out), without other evidence, will not support a charge that the union refused to participate in the impasse procedures in good faith; pp. 69-70, proposed dec.