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 1839H
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601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART by County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M, where the Board held that there is a duty to bargain when an employer plans to subcontract bargaining unit work at a newly established worksite. * * *
Respondent was not obligated to give Charging Party notice and opportunity to bargain regarding the effects of its decisions to form a Corporation or to enter into the operating agreement because Charging Party failed to present evidence that any unit employee was laid off, lost work hours, or was otherwise affected by the existence or operation of the Corporation.