Decision 2081S – State of California (Department of Personnel Administration)

SA-CE-1649-S

Decision Date: November 24, 2009

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 10

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

The employer did not unlawfully insist to impasse on a proposal that union contended would require employees to waive their statutory rights, where the union failed to clearly communicate its opposition to further discussion of the proposal.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

Statements that union believed proposal to waiver of statutory rights and requests for clarification did not communicate a clear opposition to further negotiations over the proposal.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Pursuant to Lake Elsinore School District (1986) PERB Decision No. 603, Travis Unified School District (1992) PERB Decision No. 917, and Chula Vista City School District (1990) PERB Decision No. 834, the party opposing inclusion of a non-mandatory subject of bargaining must communicate its opposition to further negotiation about the non-mandatory proposal. Statements that union believed proposal to require waiver of statutory rights and requests for clarification did not communicate a clear opposition to further negotiations over the proposal.

1000.00000 – SCOPE OF REPRESENTATION
1000.02165 – Statutory Rights

While the parties are free to negotiate over the inclusion of non-mandatory subjects of bargaining, an employer may not insist to impasse that a union waive statutory rights. Insistence to impasse and during impasse on the waiver of a statutory right is per se an unfair practice, provided the party opposing negotiations on the non-mandatory subject makes its objection known.