Decision 2104M – County of Mendocino

SF-CE-432-M

Decision Date: April 21, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 74

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice. Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit. No violation where charge alleged unilateral change when employer sought to recoup overpayments based on rescission of salary increases, where the employer in reasonably short order desisted from collection of overpaid compensation and no evidence demonstrated a change of generalized effect or continuing impact.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

No violation where employer, without giving prior notice to the union, retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

No violation where charge alleged unilateral change when employer sought to recoup overpayments based on rescission of salary increases, where the employer in reasonably short order desisted from collection of overpaid compensation and no evidence demonstrated a change of generalized effect or continuing impact.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.11000 – Employer Conduct

No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.03000 – Employer Conduct

No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice. Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.