Headnote for 2287H, 601.01000 - In General, Per Se and Totality of Conduct; Prima Facie Case - 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) – In General, Per Se and Totality of Conduct; Prima Facie Case

Single Topic for Decision 2287H

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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)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

The standard for determining whether there has been an unlawful unilateral change is necessarily distinct from the standard for determining whether there has been a failure to bargain effects. It is not necessary to prove the occurrence of an actual change in employees’ working conditions as a precondition to finding a duty on the part of management to negotiate the impact. So long as the immediate or prospective effect of a non-negotiable decision identified by charging party falls within the scope of representation and is reasonably foreseeable and causally related to the non-negotiable decision, the bargaining obligation attaches.