Decision 1264E – Ventura County Community College District

LA-CE-3828

Decision Date: May 12, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29091

Decision Headnotes

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

606.00000 – 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

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.

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

Proposing language which gives the employer the right to establish the calendar does require waiving a statutory right.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
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.

605.00000 – 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)

Proposing language which gives the employer the right to establish the calendar does require waiving a statutory right.

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

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

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.

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