Decision 2480M – County of Trinity (United Public Employees of California, Local 792)
SA-CO-125-M
Decision Date: April 25, 2016
Decision Type: PERB Decision
Description: The charge alleged that the union violated the MMBA by engaging in an unlawful strike.
Disposition: The Board affirmed the dismissal of the charge by the Office of the General Counsel, holding that bargaining impasse was not broken by the union’s initial contact with the employer to set up a meeting and that therefore the strike was not unlawful.
Perc Vol: 40
Perc Index: 171
Decision Headnotes
301.03000 – Post-Impasse
Because bargaining impasse was not broken, the bargaining obligation was not revived and the exclusive representative did not violate its duty to bargain in good faith by going out on strike; impasse suspends the parties’ obligation to bargain only until “changed circumstances” demonstrate that an agreement may be possible; the making of “concessions” is key to finding a change in circumstances sufficient to revive the duty to bargain; a handful of non-substantive e-mail exchanges exploring the parties’ interest in and availability for a meeting did not rise to the level of changed circumstances sufficient to revive the bargaining obligation, as there was no evidence that either party made a substantial concession from an earlier position and was genuinely committed to a new bargaining position; because the parties were at impasse, the employer had the option to refuse the exclusive representative’s request to meet, to respond to the request with a concession substantial enough to revive the bargaining obligation or to unilaterally impose its last, best and final offer; by instead insisting that the duty to bargain was revived, the employer foreclosed all its options.
802.01000 – In General
Because bargaining impasse was not broken, the bargaining obligation was not revived and the exclusive representative did not violate its duty to bargain in good faith by going out on strike; impasse suspends the parties’ obligation to bargain only until “changed circumstances” demonstrate that an agreement may be possible; the making of “concessions” is key to finding a change in circumstances sufficient to revive the duty to bargain; a handful of non-substantive e-mail exchanges exploring the parties’ interest in and availability for a meeting did not rise to the level of changed circumstances sufficient to revive the bargaining obligation, as there was no evidence that either party made a substantial concession from an earlier position and was genuinely committed to a new bargaining position; because the parties were at impasse, the employer had the option to refuse the exclusive representative’s request to meet, to respond to the request with a concession substantial enough to revive the bargaining obligation or to unilaterally impose its last, best and final offer; by instead insisting that the duty to bargain was revived, the employer foreclosed all its options.
900.05000 – Post-Impasse
Because bargaining impasse was not broken, the bargaining obligation was not revived and the exclusive representative did not violate its duty to bargain in good faith by going out on strike; impasse suspends the parties’ obligation to bargain only until “changed circumstances” demonstrate that an agreement may be possible; the making of “concessions” is key to finding a change in circumstances sufficient to revive the duty to bargain; a handful of non-substantive e-mail exchanges exploring the parties’ interest in and availability for a meeting did not rise to the level of changed circumstances sufficient to revive the bargaining obligation, as there was no evidence that either party made a substantial concession from an earlier position and was genuinely committed to a new bargaining position; because the parties were at impasse, the employer had the option to refuse the exclusive representative’s request to meet, to respond to the request with a concession substantial enough to revive the bargaining obligation or to unilaterally impose its last, best and final offer; by instead insisting that the duty to bargain was revived, the employer foreclosed all its options.