Decision 1235S – State of California (Board of Equalization)

SA-CE-950-S

Decision Date: November 24, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29018

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

Where exclusive representative received several forms of notice from the employer, but did not indicate a desire to bargain until a month after the change was implemented, the exclusive representative failed to make a timely demand to bargain; p. 3; p. 3, dismissal letter.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Notice of a proposed change must be given to an official of the employee organization who has authority to act on behalf of the organization; notice must be communicated in a manner which clearly informs the recipient of the proposed change; and notice must be given sufficiently in advance of a firm decision to make a change to allow the exclusive representative a reasonable amount of time to decide whether to make a demand to negotiate; p. 2, warning letter. Where exclusive representative received several forms of notice from the employer, but did not indicate a desire to bargain until a month after the change was implemented, the exclusive representative failed to make a timely demand to bargain; p. 3; p. 3, dismissal letter.

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

Exclusive representative sought to have negotiations referred to the main bargaining table; although exclusive representative has the right to negotiate the effects of proposed changes on matters within the scope of representation, upon request, it may not dictate the setting in which such negotiations must occur; p. 3.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.02000 – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct

Exclusive representative sought to have negotiations referred to the main bargaining table; although exclusive representative has the right negotiate the effects of proposed changes on matters within the scope of representation, upon request, it may not dictate the setting in which such negotiations must occur; p. 3 .