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Decision –

Decision Date:

Decision Type:

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.

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 ON OTHER GROUNDS by Regents of the University of California (2026) PERB Decision No. 3010-H. * * *

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

* * * OVERRULED IN PART ON OTHER GROUNDS by Regents of the University of California (2026) PERB Decision No. 3010-H. * * *

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

* * * OVERRULED IN PART ON OTHER GROUNDS by Regents of the University of California (2026) PERB Decision No. 3010-H. * * *

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.

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

* * * OVERRULED IN PART ON OTHER GROUNDS by Regents of the University of California (2026) PERB Decision No. 3010-H. * * *

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