Decision 2102S – State of California (Department of Personnel Administration)
SA-CE-1665-S
Decision Date: March 26, 2010
Decision Type: PERB Decision
Description: CCPOA alleged that DPA bargained in bad faith by not returning to bargaining after: (1) the Governor declared a fiscal emergency; (2) the Legislature failed to fund the State’s last, best and final offer (LBFO); and (3) the State withdrew its second and third year economic proposals from the implementation plan for the LBFO.
Disposition: The Board adopted the ALJ’s proposed decision. The Board held that none of the events constituted a change in circumstances that would break impasse and revive the parties’ bargaining obligations.
Perc Vol: 34
Perc Index: 62
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Employer’s denial of union’s requests to bargain over successor memorandum of understanding following employer’s post-impasse implementation of last, best and final offer (LBFO) did not constitute bad faith bargaining. Employer had no duty to bargain at the time the requests were made because impasse had not been broken by changed circumstances. Union’s bargaining requests did not contain a concession from its earlier bargaining position indicating agreement might be possible. Legislature’s failure to approve economic items of LBFO, Governor’s declaration of fiscal emergency and employer’s withdrawal of implementation of second and third year economic items did not constitute changed circumstances.
605.01000 – Outright Refusal to Bargain
Employer’s denial of union’s requests to bargain over successor memorandum of understanding following employer’s post-impasse implementation of last, best and final offer (LBFO) did not constitute bad faith bargaining. Employer had no duty to bargain at the time the requests were made because impasse had not been broken by changed circumstances. Union’s bargaining requests did not contain a concession from its earlier bargaining position indicating agreement might be possible. Legislature’s failure to approve economic items of LBFO, Governor’s declaration of fiscal emergency and employer’s withdrawal of implementation of second and third year economic items did not constitute changed circumstances.
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Employer’s denial of union’s requests to bargain over successor memorandum of understanding following employer’s post-impasse implementation of last, best and final offer (LBFO) did not constitute bad faith bargaining. Employer had no duty to bargain at the time the requests were made because impasse had not been broken by changed circumstances. Union’s bargaining requests did not contain a concession from its earlier bargaining position indicating agreement might be possible. Legislature’s failure to approve economic items of LBFO, Governor’s declaration of fiscal emergency and employer’s withdrawal of implementation of second and third year economic items did not constitute changed circumstances.
900.05000 – Post-Impasse
Employer’s denial of union’s requests to bargain over successor memorandum of understanding following employer’s post-impasse implementation of last, best and final offer (LBFO) did not constitute bad faith bargaining. Employer had no duty to bargain at the time the requests were made because impasse had not been broken by changed circumstances. Union’s bargaining requests did not contain a concession from its earlier bargaining position indicating agreement might be possible. Legislature’s failure to approve economic items of LBFO, Governor’s declaration of fiscal emergency and employer’s withdrawal of implementation of second and third year economic items did not constitute changed circumstances.