Headnote for 1388S, 601.04000 - When Duty Arises/Sufficiency of Bargaining Demand - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – When Duty Arises/Sufficiency of Bargaining Demand

Single Topic for Decision 1388S

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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

In the event an employer is unsure whether or not a particular subject is negotiable, it is under an obligation to ask the union for its negotiability justification. The very essence of the duty to negotiate in good faith is the effort to reach agreement. A refusal to address proposals which are unclear is inconsistent with the statutory obligation. Such an obligation existed in the present case, where the reorganization altered the supervisory structure of the institution, and affected the level of supervision for bargaining unit members.