EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

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Insistence to impasse that employee organization waive right to grieve in own name held per se violation; p. 28. Objection to a nonmandatory proposal does not need to include any specific magic words. PERB must look to the history of bargaining, substance of the proposals, and the contents of the declarations of impasse to determine whether a party can be considered to have "insisted to impasse" on a particular proposal. Application of Anaheim test to grievance proposal unnecessary because district is not insisting to impasse on a term or condition of employment but rather that association waive a statutory right; pp. 22-23. Insistence to impasse that employee organization waive right to take grievances to arbitration without concurrence of named grievant held Insistence to impasse that employee organization waive right to take grievances to arbitration without concurrence of named grievant held language that provides that parties waive right to seek unit modification or clarification during the term of the contract held per se violation; p. 41. No per se violation found where parties bargain over nonmandatory subject of bargaining and party charging insistence to impasse fails to take firm position that proposal being bargained not be included in the contract; p. 44. While parties may engage in negotiations over nonmandatory subjects of bargaining, when one party subsequently decides to take position that nonmandatory proposal not be included in contract, that party must express opposition to further negotiation on proposal as prerequisite to charging other party with bargaining to impasse on nonmandatory subject. Here, association did put district on notice regarding its opposition to further neogitation on nonmandatory subjects of subject. Here, association did put district on notice regarding its opposition to further neogitation on nonmandatory subjects of