Decision 2271M – City of Davis

SA-CE-672-M

Decision Date: June 8, 2012

Decision Type: PERB Decision

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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

By unilaterally cancelling fact-finding and implementing last, best and final offer, City failed to meet its obligation to participate in good faith in impasse resolution procedures. While the parties disagreed as to the manner of presentation to the arbitrator, the City had available two less severe options than canceling the fact-finding. City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall. Implementation of furlough plan was reasonably comprehended within employer’s pre-impasse proposals, where plan as implemented changed span of time within which 12 furlough days must be taken from nearly 7 months to slightly over 5 months.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.05000 – Other

By unilaterally cancelling fact-finding and implementing last, best and final offer, City failed to meet its obligation to participate in good faith in impasse resolution procedures. While the parties disagreed as to the manner of presentation to the arbitrator, the City had available two less severe options than canceling the fact-finding. City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall. Implementation of furlough plan was reasonably comprehended within employer’s pre-impasse proposals, where plan as implemented changed span of time within which 12 furlough days must be taken from nearly 7 months to slightly over 5 months.

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

By unilaterally cancelling fact-finding and implementing last, best and final offer, City failed to meet its obligation to participate in good faith in impasse resolution procedures. While the parties disagreed as to the manner of presentation to the arbitrator, the City had available two less severe options than canceling the fact-finding. City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall. (Implementation of furlough plan was reasonably comprehended within employer’s pre-impasse proposals, where plan as implemented changed span of time within which 12 furlough days must be taken from nearly 7 months to slightly over 5 months.

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

City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

By unilaterally cancelling fact-finding and implementing last, best and final offer, City failed to meet its obligation to participate in good faith in impasse resolution procedures. While the parties disagreed as to the manner of presentation to the arbitrator, the City had available two less severe options than canceling the fact-finding. City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.04000 – During Impasse

By unilaterally cancelling fact-finding and implementing last, best and final offer, City failed to meet its obligation to participate in good faith in impasse resolution procedures. While the parties disagreed as to the manner of presentation to the arbitrator, the City had available two less severe options than canceling the fact-finding. City failed to establish a business necessity for implementing its last, best and final offer, in that it did not declare a fiscal emergency and had reserves sufficient to face projected shortfall.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Implementation of furlough plan was reasonably comprehended within employer’s pre-impasse proposals, where plan as implemented changed span of time within which 12 furlough days must be taken from nearly 7 months to slightly over 5 months.