Decision 1177E – Gavilan Joint Community College District

SF-CE-1883

Decision Date: November 18, 1996

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28014

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 meet the "totality of conduct" test; p. 3, warning letter; mere reference to bad faith bargaining which had occurred more than a year prior is insufficient to state a prima facie case; p. 5.

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

Single instance of misrepresentation during negotiations is insufficient to demonstrate lack of subjective intent to reach an agreement under "totality of conduct" test; p. 5; p. 2, dismissal letter; Reference to ALJ's finding that the District engaged in surface bargaining in an earlier case, when the charging party fails to demonstrate a relationship between that conduct and the alleged violations in this case, is insufficient to meet the "totality of conduct" test; p. 5.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

Single instance of misrepresentation during negotiations is insufficient to demonstrate lack of subjective intent to reach an agreement under "totality of conduct" test; p. 5; p. 2, dismissal letter; Reference to ALJ's finding that the District engaged in surface bargaining in an earlier case, when the charging party fails to demonstrate a relationship between that conduct and the alleged violations in this case, is insufficient to meet the "totality of conduct" test; p. 5.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.02000 – Statute of Limitations

Union that learned during limitations period of an employer misrepresentation which had occurred outside the period filed a timely charge.