Decision 1841M – City of Fresno
SA-CE-312-M
Decision Date: May 18, 2006
Decision Type: PERB Decision
Description: The charge alleged a violation by the city’s engaging in bad faith bargaining through bypassing the exclusive representative and dealing directly with bargaining unit employees, refusing to bargain, surface bargaining, withholding information and unlawfully declaring impasse.
Disposition: The partial dismissal of the unfair practice charge was affirmed. The Board held that no interference was found where a survey of employees is an attempt to elicit information and nothing more, and union failure to show letter from city to employees impinged on reasonable employees exercise of protected rights. Surface bargaining was not found where city has reasonable basis for position and allegations taken as a while do not present prima facie case.
Perc Vol: 30
Perc Index: 126
Decision Headnotes
400.01000 – In General; Standards
No interference where union fails to show coercion or interference. City letter to employees does not indicate that layoffs will occur unless union signs contract with no salary increases. Survey of employees by City does not interfere with the union right to represent employees where it is at most an attempt to elicit information about overall job satisfaction.
404.02000 – Statements
No interference where union fails to show coercion or interference. City letter to employees does not indicate that layoffs will occur unless union signs contract with no salary increases.
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
No interference where union fails to show coercion or interference. City letter to employees does not indicate that layoffs will occur unless union signs contract with no salary increases.
606.01000 – In General
Surface bargaining not found where allegations, taken as a whole do not set forth prima facie case. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith. (Placentia Fire Fighters v. City of Placentia (1976) 57 Cal. App. 3d 9.)