Decision 1160S – State of California (Department of Education)

S-CE-808-S

Decision Date: June 20, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27113

Decision Headnotes

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

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

606.00000 – 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

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.

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

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