EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Management-Rights Clause; Management Prerogative
Single Topic for Decision 1967S
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608.06000 – Management-Rights Clause; Management Prerogative
The State did not have a duty to negotiate about the decision to implement a new review process even though the decision impacted wages, hours and other terms and conditions of employment. When the right of the State to manage its operations and achieve its mission by providing constitutionally required health care for inmates in the California prison system is balanced against the benefits to be achieved under the duty to bargain the decision with the union, the balance tipped in favor of the State.