EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

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Pursuant to Lake Elsinore School District (1986) PERB Decision No. 603, Travis Unified School District (1992) PERB Decision No. 917, and Chula Vista City School District (1990) PERB Decision No. 834, the party opposing inclusion of a non-mandatory subject of bargaining must communicate its opposition to further negotiation about the non-mandatory proposal. Statements that union believed proposal to require waiver of statutory rights and requests for clarification did not communicate a clear opposition to further negotiations over the proposal.