Headnote for 2915aH, 602.02000 – Adequate Prior Notice and Opportunity to Bargain - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Adequate Prior Notice and Opportunity to Bargain

Single Topic for Decision 2915Ha

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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Adequate Prior Notice and Opportunity to Bargain

For employer decisions falling within the scope of representation (sometimes called the “scope of bargaining”), a union need not demand to bargain if it first learns of the decision as a fait accompli. The same principle applies to a non-bargainable decision with bargainable effects, if the employer has begun implementation as of the date the union first learns of the decision. (pp. 21 & 23.)