EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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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.