Decision 2434E – Anaheim Union High School District

LA-CO-1451-E and LA-CE-5535-E

Decision Date: June 19, 2015

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 9

Decision Headnotes

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

The employer’s refusal to meet with the exclusive representative’s bargaining team so long as it included a team member undergoing disciplinary proceedings was a per se violation of the employer’s duty to negotiate in good faith; EERA gives the parties the right to appoint their own negotiators and forbids either side from dictating who their opposing representatives may be; the determinative issue is whether the presence of the subject representative would create such an atmosphere of ill will as to render good faith bargaining impossible; the proffering of a representative’s voluminous disciplinary record and lengthy disciplinary proceedings is insufficient to meet that bar.