EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation

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Generally, an employer cannot change matters within the scope of representation without first providing the exclusive representative notice and opportunity to negotiate. Once impasse is reached under the Dills Act, however, an employer may take unilateral action to implement “any or all” of the proposals contained in its last best and final offer (LBFO). In such cases, the unilateral adoptions must be reasonably comprehended within the pre-impasse proposals. Moreover, if a proposal contained in the LBFO conflicts with existing law or requires the expenditure of funds, the proposal must be approved by the Legislature.