Decision 1264E – Ventura County Community College District
LA-CE-3828
Decision Date: May 12, 1998
Decision Type: PERB Decision
Description: Union appealed dismissal of unfair practice charge against the District alleging bad faith bargaining.
Disposition: Dismissed. No bad faith bargaining nor refusal to provide information were demonstrated.
Perc Vol: 22
Perc Index: 29091
Decision Headnotes
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Even if the charge demonstated that the District engaged in regressive bargaining, the test for surface bargaining requires an examination of the totality of the employer's conduct. One indicia of bad faith bargaining is not enough to demonstrate a prima facie violation; p. 3, dismissal letter.
606.08000 – Conduct Outside of Negotiations; Prior UPs
Once an exclusive representative is selected, the employer must refrain from bargaining directly with bargaining unit employees. However the employer does have a free speech right. An employer's speech does not generally violate the EERA, unless the speech contains a threat of reprisal or promise of benefit; p. 5, warning letter.
606.15000 – Other
Proposing language which gives the employer the right to establish the calendar does require waiving a statutory right.
404.02000 – Statements
Once an exclusive representative is selected, the employer must refrain from bargaining directly with bargaining unit employees. However the employer does have a free speech right. An employer's speech does not generally violate the EERA, unless the speech contains a treatment of reprisal or promise of benefit; p. 5, warning letter.
409.06000 – Free Speech
Once an exclusive representative is selected, the employer must refrain from bargaining directly with bargaining unit employees. However the employer does have a free speech right. An employer's speech does not generally violate the EERA, unless the speech contains a threat of reprisal or promise of benefit; p. 5, warning letter.
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Proposing language which gives the employer the right to establish the calendar does require waiving a statutory right.
606.01000 – In General
The totality of conduct test is generally applied to determine whether an employer is engaged in bad faith bargaining. Some conduct is considered to be a "per se" violation without a determination of the employer's subjective intent. In establishing bad faith, PERB examines the "totality of the bargaining conduct" to determine whether there are sufficient objective indicia of a subjective intent to participate in good faith, or conversely, of an intent to frustrate the bargaing process; pp. 3-4, warning letter. Conduct that moves the parties away from agreement, rather than toward agreement is considered evidence of bad faith. However, one indicia of bad faith bargaining does not meet the totality of circumstances test; p. 4, warning letter. Individually regressive proposals must be reviewed in the context of the entire package of proposals; p. 6, warning letter. Individually regressive proposals must be reviewed in the context of the entire package of proposals; p. 6, warning letter.
606.05000 – Dilatory or Evasive Tactics
Negotiator's statements that he didn't draft proposals, didn't understand the other side's proposals would have to "get back" to the other side on issues and was unable to answer questions throughout negotiations is insufficient given that the parties reached agreement on 5 articles prior to impasse.
606.18000 – Lack of Sufficient Authority
Factors which may be indicative of bad faith bargaining include frequent turnover in negotiators; negotiators' lack of authority which delays the bargaining process; missing, delaying, or cancelling bargaining sessions; taking an inflexible position or making regressive bargaining proposals; p. 4, warning letter.