Decision 1177E – Gavilan Joint Community College District
SF-CE-1883
Decision Date: November 18, 1996
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that District failed to bargain in good faith.
Disposition: Dismissed. Union failed to demonstrate that District lacked intent to reach an agreement.
Perc Vol: 21
Perc Index: 28014
Decision Headnotes
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.
606.07000 – 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.
606.15000 – 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.
1109.02000 – Statute of Limitations
Union that learned during limitations period of an employer misrepresentation which had occurred outside the period filed a timely charge.