Decision 1425E – Sierra Sands Unified School District of Kern County
LA-CO-841-E
Decision Date: March 16, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the employee organization violated the EERA by failing or refusing to bargain in good faith.
Disposition: Dismissed. The union’s conditioning bargaining based upon reopening of contract does not demonstrate evidence of bad faith under PERB’s totality of conduct test.
Perc Vol: 25
Perc Index: 32049
Decision Headnotes
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining
Where District has authority to reopen contract, Union conditioning bargaining based upon reopening of contract does not demonstrate evidence of bad faith under PERB's totality of conduct test. Although charge alleged Association refused to negotiate Peer Assistance Review unless the District agreed to waive its right to bargain under the zipper clause of the parties collective bargaining agreement, no "per se" conditional bargaining violation found where parties not at impasse pursuant to PERB Regulation 32793.
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
Where District has authority to reopen contract, Union conditioning bargaining based upon reopening of contract does not demonstrate evidence of bad faith under PERB's totality of conduct test. Although charge alleged Association refused to negotiate Peer Assistance Review unless the District agreed to waive its right to bargain under the zipper clause of the parties collective bargaining agreement, no "per se" conditional bargaining violation found where parties not at impasse pursuant to PERB Regulation 32793. Allegation of refusal to bargain in good faith dismissed where although proposal to reopen contract not acceptable to District where Association did not respond to District's letter offering dates to negotiate.