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Decision 1330S – State of California (Department of Personnel Administration)

SA-CE-1140-S

Decision Date: May 6, 1999

Decision Type: PERB Decision

Description: Union appealed Board agent’s unfair practice charge alleging the State violated the Dills Act by not agreeing to a successor MOU unless the Union supported civil service reform legislation.

Disposition: Dismissed. Alleged action did not rise to the level of bad faith bargaining.

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Perc Vol: 23
Perc Index: 30117

Decision Headnotes

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)

PERB determination that impasse exists is a prerequisite to a finding that a party has insisted to impasse on a nonmandatory subject of bargaining; p. 3, dismissal letter.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining

Conditioning agreement on union's "endorsement" of legislation necessary to implement the provisions of the agreement does not indicate bad faith because such endorsement is within the union's control; p. 3, dismissal letter.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Conditioning agreement on union's "endorsement" of legislation necessary to implement the provisions of the agreement does not indicate bad faith because such endorsement is within the union's control; p. 3, dismissal letter.

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

Conditioning agreement on union's "endorsement" of legislation necessary to implement the provisions of the agreement does not indicate bad faith because such endorsement is within the union's control; p. 3, dismissal letter.