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

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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.