Decision 2251M – City of Glendale
Decision Date: April 18, 2012
Decision Type: PERB Decision
Description: The charge alleged that the City of Glendale refused to meet and confer in good faith during negotiations for a successor memorandum of understanding.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty to bargain in good faith, concluding that the charge failed to establish that respondent engaged in surface bargaining, maintained a take-it-or-leave-it attitude, or negotiated to impasse a non-mandatory subject of bargaining.
Perc Vol: 36
Perc Index: 157
606.15000 – Other
Where charge alleged that public agency maintained its position on PERS cost-share proposal, the charge failed to establish that public agency maintained a take-it-or-leave-it attitude rather than a hard bargain based on a sincerely held belief that long-term structural changes were necessary to address the financial conditions; in addition, assuming the cost-share provision to be non-mandatory, the parties were not precluded from bargaining over it as the union never raised any objection to the public agency’s proposal to modify the cost-share provision nor did it refuse to negotiate the provision; with only one indicia of regressive bargaining established, the charge failed to state a prima facie case of bad faith bargaining.