Decision 2102S – State of California (Department of Personnel Administration)

SA-CE-1665-S

Decision Date: March 26, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 62

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

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.

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

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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.