Headnote for 2110S, 601.04000 - When Duty Arises/Sufficiency of Bargaining Demand - California Public Employment Relations Board

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 2110S

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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

* * * 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. * * *

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. 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.