Decision 0843E – Temple City Unified School District * * * OVERRULED IN PART by Charter Oak Unified School District (1991) PERB Order No. 873-E

LA-CE-2876

Decision Date: September 28, 1990

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Charter Oak Unified School District (1991) PERB Order No. 873-E * * *

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Perc Vol: 14
Perc Index: 21191

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

Board finds prima facie violation of section 3543.5(e) established where union alleged that employer did not seriously discuss fact- finding report and did not consider all possible bases of settlement by presenting take-it-or-leave-it proposal followed by slightly changed position labeled "last, best and final offer" with memo stating it believed the negotiation process to be completed. (Overruled in Charter Oak USD (1991) PERB Decision No. 873.)

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Board reversed Board agent partial dismissal on ground that prima facie violation of section 3543.5(e) was alleged by union.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Board agents not empowered to rule on the ultimate merits of the charge, nor resolve disputed facts.