Decision 1282E – Southwestern Community College District

LA-CO-762

Decision Date: September 3, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29153

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
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.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.