Decision 2108S – State of California (Department of Corrections and Rehabilitation)
SA-CE-1705-S
Decision Date: May 10, 2010
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which CCPOA claimed the State of California (CDCR) violated the Dills Acts by engaging in surface bargaining in connection with bargaining over changes to a protective vest policy.
Disposition: The Board held CCPOA failed to plead sufficient facts to establish a prima facie case of surface bargaining.
Perc Vol: 34
Perc Index: 82
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
The essence of a surface bargaining is that a party goes through the motions of negotiations but, in fact, weaves otherwise unobjectionable conduct into an entangling fabric to delay or prevent agreement. Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith.
606.01000 – In General
The essence of a surface bargaining is that a party goes through the motions of negotiations but, in fact, weaves otherwise unobjectionable conduct into an entangling fabric to delay or prevent agreement. Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith.
606.02000 – Inflexible Position
Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith.
606.11000 – Failure to Provide Counter-Proposals
The duty to bargain does not compel either party to make concessions. Insistence on a firm position is not necessarily evidence of bad faith because the law merely requires the parties to maintain a sincere interest in reaching an agreement, and even if the reasons for insisting on a particular position or contract term are questionable, if the belief is sincerely held, it may be maintained even if it produces a stalemate. The obligation to bargain in good faith merely requires the parties to explain the reasons for a particular bargaining position with sufficient detail to permit the negotiating process to proceed on the basis of mutual understanding.
608.15000 – Hard Bargaining
Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith.