Decision 0739S – State of California, Department of Personnel Administration

S-CE-410-S

Decision Date: June 8, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20121

Decision Headnotes

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

Allegations that DPA refused to present a salary proposal or to respond meaningfully to the union's salary proposal until five months after it was presented, which was nearly two months after the state budget was adopted, were sufficient to state a prima facie case; pp. 4-5.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.11000 – Failure to Provide Counter-Proposals

Allegations that DPA failed to respond meaningfully to the union's salary proposal until five months after it was presented, and two months after the state budget was adopted, states a prima facie case, and presents a factual issue to be determined after a hearing on the merits; pp. 4-5.