Decision 1157H – Regents of the University of California (California Nurses Association)
SF-CE-429-H
Decision Date: June 13, 1996
Decision Type: PERB Decision
Description: University failed to bargain in good faith before and after the declaration of impasse.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27111
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
A single indicia of bad faith is insufficient to state a prima facie case of violation of the duty to meet and confer in good faith under totality of circumstances test; p. 3, dismissal letter.
606.01000 – In General
A single indicia of bad faith is insufficient to state a prima facie case of violation of the duty to meet and confer in good faith under totality of circumstances test; p. 3, dismissal letter.
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Once union membership rejects tentative agreement, new counteroffer by University does not constitute repudiation of tentative agreement; p. 3, dismissal letter. One regressive proposal in a package of 40 articles does not mean the entire package is regressive. All changes from previous proposal must be considered; p. 3, warning letter.
900.01000 – In General
The declaration of impasse ends the parties' formal obligation to meet and confer under HEERA section 3571(c); the duty to meet and confer remains dormant unless revived by changed circumstances, such as significant concessions by either party; p. 3. Absent changed circumstances, the Board examines allegations of post-impasse bad faith bargaining under section 3571(e), rather than 3571(c); p. 3.
900.05000 – Post-Impasse
The declaration of impasse ends the parties' formal obligation to meet and confer under HEERA section 3571(c); the duty to meet and confer remains dormant unless revived by changed circumstances, such as significant concessions by either party; p. 3. Absent changed circumstances, the Board examines allegations of post-impasse bad faith bargaining under section 3571(e), rather than 3571(c); p. 3.
1100.01000 – In General/Prima Facie Case
The Board presumes the truth of facts alleged in unfair practice charge; pp. 3-4.