Mandatory Subjects of Bargaining: Wages, hours, and working conditions are considered mandatory subjects of bargaining. A party does not engage in regressive bargaining if it offers a sufficiently credible and rationally supported justification of changed circumstances that explain why it has made a proposal that ostensibly appears to move the parties further away from a resolution. 2697-M, where the Board held that a union does not circumvent the employers negotiator by making presentations to employers governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. PERB can find violations of EERA other than unfair practices set out in secs. Withdraw recognition from a union that has lost majority support if you assisted the employees' antiunion petition effort or undermined their union support through unfair labor practices. Mandatory subjects of bargaining . We need not address that question under the facts presented herein as there is no evidence that the Association engaged in any kind of conduct that undermined the negotiations process. * * * Collective Bargaining Terminology ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Regressive bargaining occurs when a party makes a subsequent proposal which is less advantageous to the other party than the preceding proposal. It should be noted that a demand to bargain by the employee organization before the public agency takes emergency action may be declined as premature if the content of the demand concerns the same or related areas being considered as part of the emergency response. Section 8(a)(5) of the Act makes it an unfair labor practice for an employer "to refuse to bargain collectively with the representatives of its employees, subject to the provisions of Section 9(a)" of the Act. Allegation of refusal to bargain in good faith dismissed where although proposal to reopen contract not acceptable to District where Association did not respond to District's letter offering dates to negotiate. No prima facie showing of bad faith or surface bargaining where State ask to revisit tentative agreements after change of negotiating team following recall of Governor. Rather . (Govt Code section 3504.5(b)). 471, 473 (1984), another case cited by the union, the Board stated that, in evaluating the legality of an instance of regressive bargaining, "[w]hat is important is whether [the proffered reasons for regressive bargaining] are 'so illogical' as to warrant the conclusion that the [party] by offering them . In addition, you must (1) communicate to employees that the purpose of the poll is to determine whether the union enjoys majority support (and that must, in truth, be your purpose); (2) give employees assurances against reprisal; and (3) conduct the poll by secret ballot. These examples barely scratch the surface. The National Labor Relations Act places an obligation on employers and unions to bargain in good faith with the goal of achieving a collective bargaining. Surface Bargaining: a tactic whereby an employer meets with the union, but only goes through the motions of bargaining. In a statement, the pharmacy guild said that after bargaining for five months, "Kaiser took actions to end negotiations prematurely, engaged in direct dealing with members, imposed unreasonable. 1264E | California Public Employment Relations Board Study with Quizlet and memorize flashcards containing terms like obligation of union and employer, bad faith bargaining, Mandatory subjects of bargaining and more. In the NLRB's determination, an isolated instance, or even several instances, does not necessarily constitute "bad faith". 3. d. Be careful of regressive bargaining. The unilateral change test is equally applicable to unilateral repudiations by an employer or by an employee organization. (This most frequently occurs when wage proposals shift percentage increases from year to year on a multi-year proposal.) For example, you may not Fail to meet with the employer at reasonable times and reasonable intervals. (See City of Palo Alto (2019) PERB Decision No. Proving net regressive conduct often requires some mathematical calculation (when the allegations mainly involve cost items) and requires a more nuanced argument when the allegations involve a mix of cost items and non-cost items. The public agency should be prepared to demonstrate through hard data the economic exigencies justifying the change. A: The courts have defined the emergency exception as requiring an unforeseen situation, requiring immediate action that is presenting an imminent and substantial threat to public safety. Discriminating against . When impasse is reached, there are basically two options left: accepting the admins last, best, and final offer, or going out on strike. On that basis, this case can be distinguished from Placerville Union School District (1978) PERB Decision No. Engage in bad-faith, surface, or piecemeal bargaining. Lozano Smith | Client News Briefs AGENCY SHOP - A contract provision under which employees who do not join the union are required to pay a collective bargaining service fee instead. Lock out your employees where your sole purpose in doing so is to bring economic pressure to bear in support of a legitimate bargaining position. 46-60. Nazarian Appointed to PERB | Shiners to the Employment Training Panel (ETP) as Assistant Director and Chief Counsel, New San Francisco Regional Office Location Beginning February 13, 2023, NOTICE OF MODIFICATIONS TO PROPOSED RULEMAKING: Judicial Council Employer-Employee Relations Act, A501H Regents of the University of California (San Francisco), 2854E Antelope Valley Community College District, 2852H Regents of the University of California, 606.00000 EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES. The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by. SACRAMENTO, Calif. (PAI) Fed up by state officials' stonewalling after seven months of contract talks, some 95,000 California state workers, represented by Service Employees (SEIU) Local . One regressive proposal in a package of 40 articles does not mean the entire package is regressive. 9. Bargaining in Good Faith: Both parties must meet at reasonable times and with willingness to reach agreement with respect to wages, hours and other terms and conditions of employment, and execute a written contract incorporating any agreements reached. When parties employ a mediator, the mediator acts as a neutral third party to assist the two sides in reaching a compromise. The case is District Hospital Parnter, L.P. D/B/A The George Washington University Hospital, and UHS of D.C., N.L.R.B., Case 05-CA-216482, ALJ Decision 9/4/19. PDF Raises, Rights and Respect - California State University, Northridge Two were not officially about the negotiations but alleged unfair labor practices by the university, including intimidation and regressive bargaining. More than 2,000 Kaiser pharmacists plan to strike this month - KTVU FOX 2 UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. Collective Bargaining Glossary - Negotiations - Labor Education A union chapter presidents failure to discuss complaints regarding a supervisors procedures on the job with the supervisor first before submitting the complaints to the Employee Relations Officer does not state a prima facie violation of the Dills Act because the unions duty to bargain is owed to the State, not to individual employees. (Do not assume that a change you deem minor would be so viewed by the Board.). One indicia of bad faith bargaining is not enough to demonstrate a prima facie violation; p. 3, dismissal letter. Bad faith bargaining found where District reneged on agreement to schedule "in service" day to facilitate an organizational security election; second election ordered; pp. "Regressive bargaining" refers to the tactic of reducing a previously made offer or withdrawing from an agreement that a party has made regarding a particular item of bargaining. Although charge alleged Association refused to negotiate Peer Assistance Review unless the District agreed to waive its right to bargain under the zipper clause of the parties collective bargaining agreement, no "per se" conditional bargaining violation found where parties not at impasse pursuant to PERB Regulation 32793. Set initial terms and conditions of employment before bargaining with the union if you are a "perfectly clear" Burns successor - that is, if you make it perfectly clear that you plan to retain all of the predecessor's employees, or at least enough of them to make it evident that the union's majority status will continue, without informing them that they will be expected to work under different terms. Both parties have a mutual obligation to bargain in good faith over these issues, which can be bargained to impasse. A separate demand to meet and confer from the employee organization should be evaluated and responded to in accordance with the public agencys general statutory duty to meet and confer in good faith over proposed changes to terms and conditions of employment. File an election (RM) petition if you lack a good-faith, reasonable uncertainty that the incumbent union still enjoys majority support. Once explanation PERB has accepted is changed economic conditions or other changed circumstances. The COVID 19 pandemic and its anticipated economic effects would qualify as sufficiently changed circumstances. On the other hand, the phrase is coercive when it indicates that the employer will retaliate against employees by adopting a "regressive bargaining posture" during negotiations or by "unilaterally discontinu[ing] existing benefits prior to negotiations," so that Nos. Refusal to perform required duties in order to advance the union's position at the bargaining table is tantamount to a partial strike and is an unlawful bargaining tactic; p. 4. Mediators are generally called in late in the bargaining process to help facilitate. Withdraw recognition from a union that enjoys majority support. In collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement.