Decision 1282E – Southwestern Community College District
LA-CO-762
Decision Date: September 3, 1998
Decision Type: PERB Decision
Description: District appealed dismissal of unfair practice charge alleging the Union engaged in bad faith bargaining during negotiations over successor bargaining agreement.
Disposition: Dismissed. No violation of duty.
Perc Vol: 22
Perc Index: 29153
Decision Headnotes
1105.19000 – Newly Discovered Evidence
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2.
804.01000 – In General
Allegations of delay (refusal to schedule bargaining during finals week or winter break) do not rise to level of per se violation of the duty to bargain in good faith and are analyzed under the "totality of the circumstances" test; p. 1 and 2, dismissal letter. Ground rules for negotiation, including the time and place of negotiations, are within the scope of bargaining; p. 3, warning letter. Allegations that parties exchanged numerous proposals regarding the time and place of bargaining and that union precipitously cancelled one bargaining session are insufficient to demonstrate violation of the duty to bargain in good faith; p. 3, warning letter.
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Allegations of delay (refusal to schedule bargaining during finals week or winter break) do not rise to level of per se violation of the duty to bargain in good faith and are analyzed under the "totality of the circumstances" test; p. 1 and 2, dismissal letter. Ground rules for negotiation, including the time and place of negotiations, are within the scope of bargaining; p. 3, warning letter. Allegations that parties exchanged numerous proposals regarding the time and place of bargaining and that union precipitously cancelled one bargaining session are insufficient to demonstrate violation of the duty to bargain in good faith; p. 3, warning letter.
1000.02058 – Ground Rules for Negotiations
Ground rules for negotiation, including the time and place of negotiations, are within the scope of bargaining; p. 3, warning letter.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2.
1107.06000 – De Novo Review; Standard of Review by Board
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2.
1503.03000 – Regulations Considered (By Number) (Continued)
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2.