Decision –
Decision Date:
Decision Type:
* * * 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.
Decision Headnotes
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.
606.01000 – 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.
606.07000 – 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.