Decision 2064M – City and County of San Francisco

SF-CE-610-M

Decision Date: September 25, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 160

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

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

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