Decision 0799H – California State University (California Faculty Association)

Insisting to impasse on inflexible position on parking fees, where that was the main issue on the table, and when viewed in overall context of bargaining, was more like hard bargaining than bad faith bargaining; pp. 46-49, proposed dec.

No indication of bad faith where employer, though apparently not originally intending to respond to proposal, did so in some detail when requested, where meeting was adjourned so that further information could be gathered, and where impasse was later declared before another negotiation session took place; pp. 49-50, proposed dec.

Public notice complaints may not be adjudicated in the context of unfair practice proceedings, but compliance with public notice requirements is a factor that may be considered in evaluating bargaining conduct; here, even if employer failed to comply with requirements, there was no evidence that it was intended to have, or in fact had, any impact on negotiations; pp. 32-35, proposed dec.

Single pre-impasse refusal to provide information, when viewed in the entire context of pre-impasse bargaining, does not support finding of surface bargaining; pp. 51-52, proposed dec.

Motion denied where "newly discovered" evidence was in fact previously provided in response to information requests and could have been discovered with the exercise of reasonable diligence; pp. 3-4.

While, in some circumstances, a failure to provide information could interfere with negotiations to the extent that restoration of the status quo would be proper, where the violations are of a minor nature that did not seriously hamper bargaining, and where impasse would have been reached anyway, restoration of the status quo is inappropriate; pp. 5-6.

Public notice complaints may not be adjudicated in the context of unfair practice proceedings, but compliance with public notice requirements is a factor that may be considered in evaluating bargaining conduct; p. 32, proposed dec.