Decision 0811E – Sanger USD

S-CO-209

Decision Date: June 4, 1990

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 14
Perc Index: 21112

Decision Headnotes

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.03000 – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees

Employer is not prohibited from communicating with employee to explain the truth about proposals so long as the proposals are first presented to the exclusive representative and the district is merely restating its position.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

Test in Rio Hondo CCD #128 extended to employee organizations. In unfair practice cases communications by the exclusive representative which contains a threat of reprisal or force or promise of benefit, designed to cause rejection of the contract at a membership vote constitutes strong evidence of bad faith bargaining.