EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – When Duty Arises/Sufficiency of Bargaining Demand
Single Topic for Decision 1969E
Full Decision Text (click on the link to view): Full Text
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
* * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects, and by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that a request to bargain need not identify specific effects. * * *
Demand to meet and confer over negotiable effects of a non-negotiable decision must identify those subjects within the scope of representation impacted by the decision as well as the specific effects over which the union wishes to bargain. Demand letter requesting to bargain over “the impact and effects of requiring tests to be released” failed to identify negotiable subjects or effects and therefore district had no duty to meet and confer with union over effects of test release policy.