Decision 1915M – County of Sierra

SA-CE-292-M

Decision Date: June 27, 2007

Decision Type: PERB Decision

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Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
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.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
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.

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