Decision 1258S – State of California (Board of Equalization)

SA-CE-822-S

Decision Date: April 3, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29081

Decision Headnotes

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

Where employer unconditionally offers to meet with exclusive representative, the employer's cancellation of a meeting and referral to its attorney does not operate as a retraction of its offer. The onus is on the exclusive representative to follow up. Failure to do so means the charging party failed to meet its burden of proof.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

In order to sustain an allegation of unlawful bypassing, the charging party must demonstrate that the employer worked directly with bargaining unit members, and not the exclusive representative, to create a new policy or modify an existing policy affecting negotiable subjects of general application to unit members; p. 7.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Evidence Code Section 1152 and PERB Regulation 32176 preclude admission of settlement discussions; Where ALJ admits evidence of settlement offer for limited purpose of showing parties' knowledge but used the evidence to find a violation, the evidence should not be admitted; p. 9.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Evidence Code Section 1152 and PERB Regulation 32176 preclude admission of settlement discussions; Where ALJ admits evidence of settlement offer for limited purpose of showing parties' knowledge but used the evidence to find a violation, the evidence should not be admitted; p. 9.