Bad faith bargaining found where District reneged on agreement to schedule "in service" day to facilitate an organizational security election; second election ordered; pp. No violation where the Association's alleged misrepresentations did not constitute either a threat of reprisal or force or promise of benefit; p. 12. (City of Palo Alto (2019) PERB Decision No. However, subcontracting that merely substitutes one group of workers for another to do the same work under similar conditions of employment is not a non-bargainable"scope and direction" change. A party does not engage in regressive bargaining by withdrawing concessions on some subjects, while offering more favorable terms on other subjects, if the overall set of changes do not tend to frustrate an overall compromisethis will typically be true if aggregate movements toward the other partys position are approximately equal, or greater than equal, to aggregate movements in a regressive direction. One indicia of bad faith bargaining is not enough to demonstrate a prima facie violation; p. 3, dismissal letter. The first step after an impasse is declared is usually mediation. PERB can find violations of EERA other than unfair practices set out in secs. 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. UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. Members then voted to approve these pillars at a General Membership Meeting before bargaining began. 2664-M, p. 6, fn. Take the Huntley school board, for example. 4. Side Letter: An agreement outside the main body of the contract, but still as binding as anything else in the contract itself unless explicitly stated otherwise. Violation found where school board unilaterally servered organizational security provision and ratified remainder of tentative agreement; p. 6. The other side should also make counter-package proposals. File an election (RM) petition, poll your represented employees, or withdraw recognition from a union (1) you recognized voluntarily, or (2) with whom the Board has ordered you to bargain, or (3) with whom you have agreed to bargain as part of a settlement agreement, or (4) with whom you have acquired a bargaining relationship from a unionized predecessor before a reasonable time for bargaining has elapsed.
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