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 * * *
Perc Vol: 40
Perc Index: 178
Decision Headnotes
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.
602.04000 – 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.
1203.01000 – 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.
1205.01000 – 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.
1205.10000 – 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.