EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining

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* * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that an effects bargaining demand need not explicitly identify negotiable areas of impact, but must place the employer on notice that the exclusive representative seeks to negotiate over effects and that it believes the proposed change affects one or more subjects within the scope of representation. * * *

Under the Meyers-Milias-Brown Act, a decision to layoff employees is not within the scope of representation. The effects of a layoff, however, are negotiable. A request to negotiate over the effects of a layoff must be specific and identify the negotiable areas of impact.