Headnote for 1620Ma, 601.01000 - In General, Per Se and Totality of Conduct; Prima Facie Case - 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) – In General, Per Se and Totality of Conduct; Prima Facie Case

Single Topic for Decision 1620Ma

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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)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

MMBA section 3505 and PERB Regulation 32603(c) only require the employer to meet and confer in good faith with the exclusive representative. There is no parallel mandate with regard to individual employees. While MMBA section 3502 allows individual employees the right to represent themselves in their employment relations with the public agency employer, there is no corresponding provision that requires the employer to negotiate with the individual employee. As only employee organizations may allege unilateral change and the Board lacks authority to adjudicate such an allegation by individual employees, Kimbrough lacks standing to bring this charge.