Where District has authority to reopen contract, Union conditioning bargaining based upon reopening of contract does not demonstrate evidence of bad faith under PERB's totality of conduct test. In City of Tacoma, PERC Hearing Examiner Claire Nickleberry found that the City breached its good faith bargaining obligation by making a regressive wage proposal. If you have any questions about a particular decision, please contact one of our attorneys and we will help with the analysis of application of the emergency exception. The expanded paid sick leave applies to employers with more than 25 employees and requires additional time off in 2021 for COVID-19-related reasons beyond the prior law's covered reasons ( e.g., vaccine-related . 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. IR-58, where the Board held that a unions pre-impasse strike preparations do not indicate surface bargaining. 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. "If these employers have to absorb these types of costs, they will have to come to bargaining table with less wages and benefits because of the tax hike," Smith said. 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. Once union membership rejects tentative agreement, new counteroffer by University does not constitute repudiation of tentative agreement; p. 3, dismissal letter. The union and employer will continue modify their proposals while discussing the rational, the feasibility, and other issues until they reach an agreement. 39.). During the evidentiary hearing held on May 14, 2015, for Case No.
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