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
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602.02000 – Prior Notice and Opportunity to Bargain
* * * REVERSED IN PART by City of Escondido v. PERB (Cal. Ct. App., Mar. 8, 2017, No. D070462) 2017 WL 915109, where the Court of Appeal found that the record did not contain substantial evidence supporting a PERB factual finding. * * *
Employer’s decision to layoff full-time code enforcement officers was made prior to or simultaneously with the decision to transfer work outside of the bargaining unit. Under the circumstances presented here, it would have been futile for the union to request bargaining over the transfer. When a firm decision is made prior to an employer providing notice and an opportunity to negotiate a decision made by the employer that is within the scope of representation, the employer cannot defend on the ground that the union failed to request or demand negotiations.