Decision 1915M – County of Sierra
SA-CE-292-M
Decision Date: June 27, 2007
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which Local 3 alleged the county failed to provide information, refused to meet and confer in good faith and unilaterally imposed a new memorandum of understanding (MOU).
Disposition: When the county provided some of the requested information and requested clarification regarding the rest, the burden shifted to Local 3 to clarify and identify the information requested. Because Local 3 failed to meet this burden, the Board held the county did not breach its duty to provide information. Further, the county did not unilaterally impose a new MOU because the MOU in question was never implemented. Last, the county did not engage in conditional bargaining when it allegedly conditioned the negotiation of economic matters on the resolution of non-economic matters because Local 3 had authority and control over both matters.
Perc Vol: 31
Perc Index: 119
Decision Headnotes
602.01000 – In General
Unilateral changes are considered “per se” violations if: (1) the employer implemented a change in policy concerning a matter within the scope of representation, and (2) the change was implemented before the employer notified the exclusive representative and gave it an opportunity to request negotiations. Thus, a charging party fails to establish a prima facie case for unilateral change when the proposed change was not implemented.
604.01000 – In General
An exclusive representative is entitled to all information that is “necessary and relevant” to the discharge of its duty of representation. PERB uses a liberal standard, similar to a discovery-type standard, to determine relevance of the requested information. The failure to provide such information is a per se violation of the duty to bargain in good faith. After a party partially complies with a request for information and seeks clarification regarding the balance of the request, the burden shifts to the requesting party to clarify and/or identify the information requested. When the requesting party fails to make such a response, the responding party is under no further duty to provide information.
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining
Conditioning the negotiation of economic matters on the resolution of non-economic matters is insufficient to establish a prima facie case of surface bargaining when the economic and non-economic issues referenced by the parties are all within the scope of bargaining and when the charging party has the authority and control over both the economic and non-economic issues to be negotiated.
606.01000 – In General
Conditioning the negotiation of economic matters on the resolution of non-economic matters is insufficient to establish a prima facie case of surface bargaining when the economic and non-economic issues referenced by the parties are all within the scope of bargaining and when the charging party has the authority and control over both the economic and non-economic issues to be negotiated.