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
Single Topic for Decision 2110S
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601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that a request to bargain effects need not identify specific effects. * * *
Department’s decision to close veterans’ home’s acute care unit and layoff acute care employees was not within the scope of representation because the department did not contract out bargaining unit work to private hospitals but merely ceased to provide acute care services to home’s residents. Letter stating union’s displeasure that it was not afforded an opportunity to show the department why acute care unit closure was not cost-effective did not constitute valid demand to bargain negotiable effects of the closure decision. Allegation that union representatives “sought to negotiate over the decision to close and its impact,” absent further details of the bargaining demand, insufficient to establish an oral demand to bargain effects.