Decision 1160S – State of California (Department of Education)
S-CE-808-S
Decision Date: June 20, 1996
Decision Type: PERB Decision
Description: State failed to meet and confer in good faith over a change in teaching staff work hours.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27113
Decision Headnotes
606.01000 – In General
Adamant insistence on a bargaining position is not per se evidence of bad faith bargaining when there are no facts indicating how the position was not fairly maintained; p. 1, dismissal letter; p. 3, warning letter. Even if employer's proposal to increase work hours, made in response to union proposal to begin work day earlier, is regressive, one indicia of surface bargaining does not establish a prima facie violation of failure to bargain in good faith; p. 3, warning letter.
606.02000 – Inflexible Position
Adamant insistence on a bargaining position is not per se evidence of bad faith barganing when there are no facts indicating how the position was not fairly maintained; p. 1, dismissal letter; p. 3, warning letter.
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Even if employer's proposal to increase work hours, made in response to union proposal to begin work day earlier, is regressive, one indicia of surface bargaining does not establish a prima facie violation of failure to bargain in good faith; p. 3, warning letter.
606.15000 – Other
Even if employer's proposal to increase work hours, made in response to union proposal to begin work day earlier, is regressive, one indicia of surface bargaining does not establish a prima facie violation of failure to bargain in good faith; p. 3, warning letter.
900.07000 – Mediation
To determine whether the employer refused to participate in good faith in mediation, PERB uses the "per se" or "totality of conduct" test depending on the specific conduct involved and the effect of the conduct on the negotiating process; p. 2, warning letter.