Decision 1265E – Kern High School District

LA-CO-759

Decision Date: May 27, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29094

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

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.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
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.