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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The recoupment provision in the District’s prior agreement with BCCE was a non-mandatory subject, and consequently neither party was obliged to negotiate nor renew it. As a non-mandatory subject, the recoupment provision in the District’s prior agreement with BCCE was not part of the status quo on mandatory subjects. Thus, the recoupment provision did not survive expiration of that agreement, since only mandatory subjects are governed by EERA duty to make no change while negotiating or participating in impasse resolution procedures.