Decision 1265E – Kern High School District
LA-CO-759
Decision Date: May 27, 1998
Decision Type: PERB Decision
Description: District appealed dismissal of unfair practice charge against the Union that alleged violation of duty to bargain in good faith by Union representatives actively campaigning against ratification of agreement.
Disposition: Appeal granted. Board orders complaint issued alleging that Union breached its duty to bargain in good faith.
Perc Vol: 22
Perc Index: 29094
Decision Headnotes
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Association bargaining team members agreed to a tenatative agreement and to take it to their principals to secure ratification. When nearly half of the team members' actively campaigned against ratification of the agreement, the process was sufficiently undermined to call into question the good faith bargaining of the Association and states a prima facie case of bad faith bargaining. (Alhambra City and High School Districts (1986) PERB Decision No. 560, p. 14; Placerville Union School District (1978) PERB Decision No. 69); pp. 2-3.
804.01000 – In General
Association bargaining team members agreed to a tentative agreement and to take it to their principals to secure ratification. When nearly half of the team members' actively campaigned against ratification of the agreement, the process was sufficiently undermined to call into question the good faith bargaining of the Association and states a prima facie case of bad faith bargaining. (Alhambra City and High School Districts (1986) PERB Decision No. 560, p. 14; Placerville Union School District (1978) PERB Decision No. 69.); pp. 2-3.