Decision 2582M – City of Davis

SA-CE-866-M

Decision Date: September 5, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 51

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Necessary and relevant information includes data relevant to a party’s bargaining positions, such as information to assess an employer’s claims used to justify concessionary proposals.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.03000 – Form of Information Provided; Costs

The fact that information may not exist in precisely the form requested does not relieve the employer of its obligation to provide what responsive information it does have, or to state its reasons for failing to do so.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining

Presenting package proposals addressing matters within the scope of representation is not a refusal to bargain in good faith.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Under the totality of the circumstances test, the Board looks to the entire course of negotiations, including the parties’ conduct at and away from the table, to determine whether the respondent has bargained in good faith, which our precedents describe as a subjective intent to reconcile differences and reach agreement.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Even if the evidence is insufficient to establish any recognized indicium of bad faith, it may be concluded under the totality of circumstances that the respondent lacked an intent to reach agreement.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.02000 – Inflexible Position

Order to make employees whole after employer unlawfully imposed its last, best, and final offer did not preclude employer from later pursuing the same cost-saving objectives in good faith negotiations.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.11000 – Failure to Provide Counter-Proposals

Given that parties’ previous agreement did not contain binding arbitration, employer’s opposition to binding arbitration proposal and its explanation that it “was happy with the way things are” were not necessarily evidence of bad faith.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.11000 – Failure to Provide Counter-Proposals

Where employer explained its position on union’s proposal and union did not raise the issue later in negotiations, no evidence of bad faith was found.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.11000 – Failure to Provide Counter-Proposals

The Board has never held that a party’s failure to explain its position on a non-mandatory subject of bargaining is evidence of bad faith.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.13000 – Parity Agreements

Entering into a parity agreement may be evidence of bad faith, but not where the agreement was entered into after impasse was declared.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.13000 – Parity Agreements

Because an employer’s desire for parity among its units is not, standing alone, evidence of bad faith, neither is entering into parity agreements.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

Totality of the circumstances analysis includes any per se violations that may bear upon the question of the respondent’s state of mind.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

Presenting package proposals addressing matters within the scope of representation is not a refusal to bargain or evidence of bad faith.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.15000 – Other

Events occurring post-impasse may be probative of whether a party engaged in surface bargaining before impasse was reached.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.17000 – Failure to Provide Information

An employer’s refusal to provide information to back up its bargaining claims may be evidence of bad faith bargaining, but where requested information did not exist—in this case, the employer’s “target savings”—the failure to provide the information did not evidence bad faith.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

The factfinder’s recommendations are a crucial element in the legislative process structured to bring about peacefully negotiated agreements, and so both parties must consider the recommendations in good faith to determine whether there is a basis for settlement, or for such accommodations, concessions, or compromises that might lead to settlement. However, either party may decide in good faith that the report does not provide a basis for settlement.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.05000 – Post-Impasse

Employer’s failure to adopt the factfinding report’s recommendations is not unlawful, and employer’s failure to provide a full explanation in its resolution rejecting the recommendations was not, without more, evidence of a refusal to consider the report in good faith.

1000.00000 – SCOPE OF REPRESENTATION
1000.02169 – Unit Configuration

Unit composition, including the appropriate placement of classifications, is not a mandatory subject of bargaining.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

In regulating the conduct of a hearing, ALJ may exclude immaterial, irrelevant, or unduly repetitious evidence.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.05000 – Cumulative Evidence

In regulating the conduct of a hearing, ALJ may exclude immaterial, irrelevant, or unduly repetitious evidence.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Where an issue was not identified as a specific exception but inextricably intertwined with other exceptions, the Board would err on the side of considering it.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

The Board may decline to consider an exception raising an issue that the party neglected to mention to the ALJ.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

The purpose of the unalleged violation test is to ensure that the Board decides a case based on an unalleged theory only when it is clear that the parties have been afforded their due process rights.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

The unalleged violation test does not apply when a charging party relies on evidence of bad faith bargaining that was not pleaded in the complaint or the unfair practice charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Where an issue was not identified as a specific exception but inextricably intertwined with other exceptions, the Board would err on the side of considering it.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

It is appropriate to rely on precedent interpreting similar provisions of other California labor relations statutes.