EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Prior Notice and Opportunity to Bargain
Single Topic for Decision 2296M
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602.02000 – Prior Notice and Opportunity to Bargain
Given the overwhelming acceptance of the concept of impasse as a term of art central to labor relations, the definition of impasse under EERA, as interpreted by PERB, is appropriate under the MMBA as well. Evidence did not support conclusion that parties reached a point at which further negotiations would be futile. Thus, regardless of whether or not employer formally declared impasse or presented a “last, best and final offer,” an impasse did not exist as of the date of implementation of furloughs.