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Decision 1756E – Contra Costa Community College District

SF-CE-2421-E

Decision Date: March 8, 2005

Decision Type: PERB Decision

Description:  Allegation of bad faith regressive bargaining by employer.

Disposition:  Board found no regressive bad faith bargaining where charging party fails to set forth the totality of the conduct by the parties in negotiations.  One indicator of bad faith bargaining is insufficient to demonstrate a prima facie case of unlawful conduct.

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Perc Vol: 29
Perc Index: 100

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

No prima facie case of bad faith bargaining where Charging Party fails to set forth the totality of the conduct by the parties in negotiations. One indicator of bad faith bargaining is insufficient to demonstrate a prima facie case of unlawful conduct (Regents of the University of California (1985) PERB Dec. No. 520-H).

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

No prima facie case of bad faith bargaining where Charging Party fails to set forth the totality of the conduct by the parties in negotiations. One indicator of bad faith bargaining is insufficient to demonstrate a prima facie case of unlawful conduct (Regents of the University of California (1985) PERB Dec. No. 520-H).