Decision 1119H – University of California, Lawrence Livermore National Laboratory

SF-CO-43-H

Decision Date: October 4, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26144

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

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.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
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.