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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.

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Perc Vol: 20
Perc Index: 27111

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

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.

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

606.00000 – 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

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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

The Board presumes the truth of facts alleged in unfair practice charge; pp. 3-4.