Decision 2064M – City and County of San Francisco
SF-CE-610-M
Decision Date: September 25, 2009
Decision Type: PERB Decision
Description: The charge alleged that the City engaged in bad faith bargaining when it submitted an alleged regressive bargaining proposal, and notified the union of its obligations pursuant to the City Charter to select a panel member for appointment to an impasse arbitration panel.
Disposition: The Board affirmed the Board agent’s dismissal finding that merely informing a union of its obligations under a local city charter is not a factor indicative of surface bargaining, and that even if the City’s bargaining proposal was a regressive proposal, one indicia of bad faith bargaining is insufficient to establish unlawful conduct.
Perc Vol: 33
Perc Index: 160
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
One indicia of bad faith bargaining is insufficient to establish unlawful conduct. Charging party failed to allege facts sufficient to establish that the totality of the employer’s conduct was intended to subvert the bargaining process or that it evidenced subjective bad faith, where the only alleged indicia of bad faith was a single regressive bargaining proposal by the employer.
606.01000 – In General
One indicia of bad faith bargaining is insufficient to establish unlawful conduct. Charging party failed to allege facts sufficient to establish that the totality of the employer’s conduct was intended to subvert the bargaining process or that it evidenced subjective bad faith, where the only alleged indicia of bad faith was a single regressive bargaining proposal by the employer. Merely informing a union of its obligations under a local city charter is not recognized as an indicia of bad faith bargaining. Charging party failed to allege facts showing that the employer’s letter reminding the union of its obligations under the City Charter to select a panel member to the impasse arbitration panel, was intended to thwart negotiations or subvert the bargaining process.
606.15000 – Other
Merely informing a union of its obligations under a local city charter is not recognized as an indicia of bad faith bargaining. Charging party failed to allege facts showing that the employer’s letter reminding the union of its obligations under the City Charter to select a panel member to the impasse arbitration panel, was intended to thwart negotiations or subvert the bargaining process.