Decision 1249S – State of California (Department of Personnel Admistration (California State Employees Association/Service Employees International Union Local 1000)

SA-CE-1007-S

Decision Date: January 28, 1998

Decision Type: PERB Decision

Description: Union appealed the dismissal of unfair practice charge alleging State breached its duty to meet and confer in good faith with the Union.

Disposition: Dismissed. Union failed to show State engaged in bad faith bargaining.

View Full Text (PDF)

Perc Vol: 22
Perc Index: 29050

Decision Headnotes

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.08000 – Conduct Outside of Negotiations; Prior UPs

Governor's delay in making a firm salary proposal until after adoption of the final budget is neither a per se violation or evidence of bad faith.

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

Governor's delay in making a firm salary proposal until after adoption of the final budget is neither a per se violation or evidence of bad faith.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

While statement of opinion attributed to a spokesperson for Governor that union should be run out of town on a rail is understandably considered repugnant and/or inflammatory by exclusive representative, it does not, under objective test used by the Board, constitute a threat or promise of benefit; p. 4, dismissal letter.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Party has right to make proposals on nonmandatory subjects of bargaining; id.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining

State's linking issues of pay raise for state employees to acceptance of non-economic proposals (tax cuts) not per se bad faith bargaining but evidence of bad faith; p. 3, dismissal letter. Party has right to make proposals on nonmandatory subjects of bargaining; id.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Under totality of the circumstances test, evidence of single indicia of bad faith bargaining, even if found, is insufficient to warrant issuance of a complaint; id.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

State's failure to offer a wage increase in over 2 years of negotiating does not by itself constitute bad faith; p. 3, dismissal letter.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.05000 – Dilatory or Evasive Tactics

Governor's delay in making a firm salary proposal until after adoption of the final budget is neither a per se violation or evidence of bad faith.