Decision 1156E – Oakland Unified School District * * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M

SF-CE-1847

Decision Date: June 12, 1996

Decision Type: PERB Decision

 * * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M * * *

Description: District engaged in bad faith bargaining by reneging on a tentative agreement.

Disposition: Dismissed for failure to state a prima facie case.

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Perc Vol: 20
Perc Index: 27109

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

* * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M, where the Board held that only one indicator of bad faith is required for bad faith bargaining under the totality of conduct test, if that one indicator is sufficiently egregious to frustrate negotiations. * * *

Under the totality of conduct test, the allegation of a sinle indicia of bad faith bargaining (in this case, the allegation of reneging on a tentative agreement) does not establish a prima facie case of bad faith bargaining; p. 2.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

* * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M, where the Board held that only one indicator of bad faith is required for bad faith bargaining under the totality of conduct test, if that one indicator is sufficiently egregious to frustrate negotiations. * * *

Under the totality of conduct test, the allegation of a single indicia of bad faith bargaining (in this case, the allegation of reneging on a tentative agreement) does not establish a prima facie case of bad faith bargaining; p. 2.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement

* * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M, where the Board held that only one indicator of bad faith is required for bad faith bargaining under the totality of conduct test, if that one indicator is sufficiently egregious to frustrate negotiations. * * *

Under the totality of conduct test, the allegation of a single indicia of bad faith bargaining (in this case, the allegation of reneging on a tentative agreement) does not establish a prima facie case of bad faith bargaining; p. 2.