Decision 2284M – City of Lincoln * * * PARTIALLY OVERRULED by amendment to MMBA section 3505.1, Stats. 2013, Ch. 785, as recognized by Alliance for College-Ready Public Schools (2026) PERB Decision No. 3054, pp. 37-40 * * *
SA-CE-756-M
Decision Date: September 6, 2012
Decision Type: PERB Decision
* * * PARTIALLY OVERRULED by amendment to MMBA section 3505.1, Stats. 2013, Ch. 785, as recognized by Alliance for College-Ready Public Schools (2026) PERB Decision No. 3054, pp. 37-40 * * *
Description: The charge alleged that the City of Lincoln violated the 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, thereby violating its duty to meet and confer in good faith.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the MMBA.
Perc Vol: 37
Perc Index: 69
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
***PARTIALLY OVERRULED by amendment to MMBA section 3505.1, Stats. 2013, Ch. 785, as recognized by Alliance for College-Ready Public Schools (2026) PERB Decision No. 3054, pp. 37-40, where the Board held that employers are subject to potential unfair practice liability based on the employer’s governing board rejecting a tentative agreement. Liability can be established, for instance, if the employer rejected a tentative agreement with insufficient explanation to the union, engaged in regressive bargaining, or failed to vest its negotiators with sufficient authority.
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.
601.05000 – Other
***PARTIALLY OVERRULED by amendment to MMBA section 3505.1, Stats. 2013, Ch. 785, as recognized by Alliance for College-Ready Public Schools (2026) PERB Decision No. 3054, pp. 37-40, where the Board held that employers are subject to potential unfair practice liability based on the employer’s governing board rejecting a tentative agreement. Liability can be established, for instance, if the employer rejected a tentative agreement with insufficient explanation to the union, engaged in regressive bargaining, or failed to vest its negotiators with sufficient authority.
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.
605.05000 – Other
***PARTIALLY OVERRULED by amendment to MMBA section 3505.1, Stats. 2013, Ch. 785, as recognized by Alliance for College-Ready Public Schools (2026) PERB Decision No. 3054, pp. 37-40, where the Board held that employers are subject to potential unfair practice liability based on the employer’s governing board rejecting a tentative agreement. Liability can be established, for instance, if the employer rejected a tentative agreement with insufficient explanation to the union, engaged in regressive bargaining, or failed to vest its negotiators with sufficient authority.
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.