Decision 1783M – County of Inyo * * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M

SA-CO-22-M

Decision Date: November 7, 2005

Decision Type: PERB Decision

OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M

Description:  The charge alleged that the union failed to negotiate in good faith.

Disposition:  The Board reversed the dismissal and found the employer had stated a prima facie case of violation of the MMBA by the union and directed a complaint to issue.  The Board held that the union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

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Perc Vol: 30
Perc Index: 8

Decision Headnotes

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.04000 – Free Speech

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.02000 – Issuance of Complaint

* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *

The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.