EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case

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* * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a request to bargain need not identify specific effects, and also that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of its decision. * * *

Where a change is made to a matter that is not within the scope of representation, or where the right to demand bargaining over the decision to change has been waived by the employee organization, the employer is obligated to provide notice and an opportunity to bargain over the negotiable effects of the decision, but not the decision itself. The employee organization has the burden to show it made a clear request to bargain the effects of the decision. Where the employee organization failed to establish that its demand to bargain indicated an intent to bargain the effects of the decision as opposed to the decision itself, it failed to establish a prima facie case for violation of the duty to bargain in good faith.