Decision 1151E – Turlock Joint Union High School District
S-CE-1697
Decision Date: May 22, 1996
Decision Type: PERB Decision
Description: District failed to bargain in good faith during contract reopener negotiations.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27100
Decision Headnotes
606.01000 – In General
Insistence on a firm bargaining position, without more, even where employer offered more but only after impasse is insufficient to state a prima facie showing of bad faith under the totality of the circumstances; A party may maintain a firm bargaining position so long as the party provides an explanation sufficient to allow the process of bargaining to proceed; p. 2, warning letter. EERA does not require either party to make its last, best, and final offer at any particular time during bargaining process.
606.02000 – Inflexible Position
Insistence on a firm bargaining position, without more, even where employer offered more but only after impasse is insufficient to state a prima facie showing of bad faith under the totality of the circumstances; A party may maintain a firm bargaining position so long as the party provides an explanation sufficient to allow the process of bargaining to proceed; p. 2, warning letter. EERA does not require either party to make its last, best, and final offer at any particular time during bargaining process.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Employer's unilateral determination of class size is not unlawful unilateral change where employer's action is consistent with collective bargaining agreement (citations); p. 3, warning letter.
1000.02068 – Instructional Time
In order to state a prima facie case for unilateral change, Association has burden of showing that change in academic calendar impacts the number or length of employees' workday (citations); p. 2, dismissal letter.