Decision 0823S – State of California (Department of Personnel Administration) (Association of California State Attorneys & Administrative Law Judges)

S-CE-410-S

Decision Date: June 29, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21135

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

A delay in making a firm counterproposal on salaries until after final adoption of the state budget is not a per se violation where the Governor's representative, as a part of his bargaining strategy, delays the proposal until he has had an opportunity to review the final budget in good faith. (Writ summarily denied.)

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

A per se violation of section 3517, which imposes upon the state the obligation to bargain in good faith, does not occur when there is a delay in making a firm counterproposal on salaries until after final adoption of the state budget. Also, such a delay, by itself, does not constitute evidence, under the totality of conduct test, that a party lacked the subjective intent to reach an agreement. (Writ summarily denied.)

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

Where the totality of the conduct of the parties evidences an intent to reach an agreement consistent with their obligation under section 3517 of the Act, a delay in making a firm salary proposal does not, by itself, indicate a lack of intent to reach such an agreement. (Writ summarily denied.)