SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

Single Topic for Decision 1863E


View all topics for Decision 1863E

Full Decision Text (click on the link to view): Full Text

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

OVERRULED IN PART by Oakland Unified School District (2023) PERB Decision No. 2875, to extent decision held that a party cannot violate its duty to bargain in good faith when it repudiates a collectively bargained provision on a non-mandatory subject during the term of the agreement.

A permissive subject is not transformed into a mandatory subject solely on the basis that it is incorporated into a collective bargaining agreement. Accordingly, it is not an unfair practice for an employer to repudiate a contractual provision containing a permissive subject of bargaining because the employer does not have a duty under EERA to negotiate that term.