Decision 0815E – South Bay Union School District * * * OVERRULED IN PART by Sweetwater Education Association (2014) PERB Order No. IR-58
Decision Date: June 13, 1990
Decision Type: PERB Decision
* * * OVERRULED IN PART by Sweetwater Education Association (2014) PERB Order No. IR-58 * * *
Perc Vol: 14
Perc Index: 21118
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
* * * OVERRULED IN PART by Sweetwater Union High School District (2014) PERB Order No. IR-58, where the Board held that a union’s pre-impasse strike preparations do not indicate surface bargaining. * * *
No prima facie violation that the Association refused to provide necessary and relevant information where the District failed to allege the information is necessary and relevant to either the District's statutory duties or the District's structuring of economic proposals at the bargaining table; p. 13. No violation where the Association's alleged misrepresentations did not constitute either a threat of reprisal or force or promise of benefit; p. 12. The Board found the District's allegations that the Association's strike threat and strike preparation activities frustrated the negotiation process by coercing the District to make concessions constituted sufficient facts to state a prima facie violation of section 3543.6(d) of EERA; pp. 8-9. section 3543.6(d) of EERA; pp. 8-9.
900.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Sweetwater Union High School District (2014) PERB Order No. IR-58. * * *
The Board will dismiss allegation that the Association violated section 3543.6(c) when alleged events occurred during the period the parties were engaged in the statutory impasse procedures. Appropriate inquiry is whether conduct violated section 3543.6(d); p. 2.