Decision 2311Ma – City of Escondido * * * VACATED IN PART By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509

LA-CE-618-M

Decision Date: May 11, 2016

Decision Type: PERB Decision

 * * * VACATED IN PART by City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509 * * *

Description: Charging party alleged that the City violated the MMBA by interfering with the Association president’s ability to communicate Association matters during the work day, by discriminating against the Association president by laying him off, and by unilaterally transferring bargaining unit work to non-bargaining unit employees without meeting and conferring over the decision.

Disposition: The Board affirmed the proposed decision with the sole exception of the remedy.  The proposed decision found that the City violated the MMBA by unilaterally transferring bargaining unit work and by interfering with the Association president’s ability to communicate Association matters.  The proposed decision dismissed the claim that the City discriminated against the Association president by laying him off.  The Board revised the proposed remedy to award lost dues to the Association.

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Perc Vol: 40
Perc Index: 178

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Employer’s decision to layoff full-time code enforcement officers was made prior to or simultaneously with the decision to transfer work outside of the bargaining unit. Under the circumstances presented here, it would have been futile for the union to request bargaining over the transfer. When a firm decision is made prior to an employer providing notice and an opportunity to negotiate a decision made by the employer that is within the scope of representation, the employer cannot defend on the ground that the union failed to request or demand negotiations.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

Employer’s decision to layoff full-time code enforcement officers was made prior to or simultaneously with the decision to transfer work outside of the bargaining unit. Under the circumstances presented here, it would have been futile for the union to request bargaining over the transfer. When a firm decision is made prior to an employer providing notice and an opportunity to negotiate a decision made by the employer that is within the scope of representation, the employer cannot defend on the ground that the union failed to request or demand negotiations.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

Reimbursement of dues appropriate award where employer was found to have unlawfully laid off employees. Directive for the employer to remit to the union a sum equivalent to dues or agency fees, with interest, that would have been remitted to the union for a certain time period.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.01000 – In General

Reimbursement of dues appropriate award where employer was found to have unlawfully laid off employees. Directive for the employer to remit to the union a sum equivalent to dues or agency fees, with interest, that would have been remitted to the union for a certain time period.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Reimbursement of dues appropriate award where employer was found to have unlawfully laid off employees. Directive for the employer to remit to the union a sum equivalent to dues or agency fees, with interest, that would have been remitted to the union for a certain time period.