Decision 1119H – University of California, Lawrence Livermore National Laboratory
SF-CO-43-H
Decision Date: October 4, 1995
Decision Type: PERB Decision
Description: Association failed to bargain in good faith.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26144
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
The standard generally applied to determine whether good faith negotiations have occurred is called the totality of conduct test. This test reviews the entire course of conduct during negotiations to determine whether the parties have negotiated in good faith with requisite subjective intention of reaching an agreement; p. 3, warning letter. Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter.
606.01000 – In General
The standard generally applied to determine whether good faith negotiations have occurred is called the totality of conduct test. This test reviews the entire course of conduct during negotiations to determine whether the parties have negotiated in good faith with the requisite subjective intention of reaching an agreement; p. 3, warning letter. Neither the statute nor PERB case law establishes a timeline for negotiations. The case of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter.
606.05000 – Dilatory or Evasive Tactics
Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter. Failure by one party to meet as frequently as the other party desires does not alone establish a bargaining violation; p. 1, dismissal letter.
606.06000 – Time Limit on Negotiations
Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter. Failure by one party to meet as frequently as the other party desires does not alone establish a bargaining violation; p. 1, dismissal letter.
804.01000 – In General
The standard generally applied to determine whether good faith negotiations have occurred is called the totality of conduct test. This test reviews the entire course of conduct during negotiations to determine whether the parties have negotiated in good faith with the requisite subjective intention of reaching an agreement; p. 3, warning letter. Neither the statute nor PERB case law establishes a timeline for negotiations. The pace of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter.