Decision 1890M – City and County of San Francisco

SF-CE-355-M

Decision Date: March 12, 2007

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 31
Perc Index: 72

Decision Headnotes

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

The Board found that the charge failed to establish a prima facie case of surface bargaining where the record indicated that the parties conducted substantive discussions, exchanged proposals and information, asked and responded to questions, and that the City was willing to schedule negotiating sessions. The parties reached tentative agreements on at least eight different issues.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

The Board found that the charge failed to establish a prima facie case of surface bargaining, despite an allegation that the City took an inflexible bargaining position, where the record indicated that the parties conducted substantive discussions, exchanged proposals and information, asked and responded to questions, and that the City was willing to schedule negotiating sessions. The parties reached tentative agreements on at least eight different issues.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.05000 – Dilatory or Evasive Tactics

The Board found that the charge failed to establish a prima facie case of surface bargaining, despite the allegation that the City engaged in dilatory or evasive tactics, where the record indicated that the parties conducted substantive discussions, exchanged proposals and information, asked and responded to questions, and that the City was willing to schedule negotiating sessions. The parties reached tentative agreements on at least eight different issues.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.08000 – Conduct Outside of Negotiations; Prior UPs

Where the City charter required the union to nominate arbitrators prior to the start of negotiations, the City’s lawsuit to compel the union to name such arbitrators did not constitute bad faith.

750.00000 – EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE
750.01000 – In General

The impasse provisions in the City charter are not unreasonable because they appear to effectuate the MMBA’s purpose of promoting “full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment.” (Sec. 3500(a).) The MMBA specifically allows local agencies the discretion to adopt their own impasse rules, but does not delineate what local agency impasse rules must contain.