EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Conditional Bargaining

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*** CLARIFIED by County of San Diego (2026) PERB Decision No. 3006-M and County of Riverside (2013) PERB Decision No. 2307-M: A union cannot challenge an operative collective bargaining agreement setting the number of employees released for bargaining or the quantity of allowable release time, as those topics are bargainable. In contrast, the right to receive release time without loss of compensation or other benefits is a non-waivable minimum statutory guarantee.***

Released time is a mandatory subject of bargaining and also a statutory right under EERA. Insistence upon negotiations on a mandatory subject of bargaining is not a per se violation of the duty to bargain under the theory of conditional bargaining; p. 18.