Decision 1841M – City of Fresno

SA-CE-312-M

Decision Date: May 18, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 126

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
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.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

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