Decision 2284M – City of Lincoln

SA-CE-756-M

Decision Date: September 6, 2012

Decision Type: PERB Decision

View Full Text (PDF)

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

City did not violate MMBA by failing to consider, conduct a vote, or take any other action related to a tentative agreement entered into between the city’s negotiator and the union and ratified by the union’s membership. Failure to take a formal action did not establish violation, where comments of city council members that tentative agreement did not go far enough and that they had directed staff to continue negotiating to reach a comprehensive agreement conveyed city council’s determination not to approve tentative agreement.

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

City did not violate MMBA by failing to consider, conduct a vote, or take any other action related to a tentative agreement entered into between the city’s negotiator and the union and ratified by the union’s membership. Failure to take a formal action did not establish violation, where comments of city council members that tentative agreement did not go far enough and that they had directed staff to continue negotiating to reach a comprehensive agreement conveyed city council’s determination not to approve tentative agreement.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.05000 – Other

City did not violate MMBA by failing to consider, conduct a vote, or take any other action related to a tentative agreement entered into between the city’s negotiator and the union and ratified by the union’s membership. Failure to take a formal action did not establish violation, where comments of city council members that tentative agreement did not go far enough and that they had directed staff to continue negotiating to reach a comprehensive agreement conveyed city council’s determination not to approve tentative agreement.