Headnote for 2315M, 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 2315M

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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

Once and employer makes a firm decision to change negotiable terms and conditions of employment, it must notify the exclusive representative and provide it a reasonable opportunity to negotiate prior to taking action that affects matters within the scope of representation. Union’s demand to negotiate over effects of a non-negotiable management decision must indicate that it is effects, as opposed to the decision, over which the union seeks to negotiate, and the demand must identify the matters within scope potentially affected by the proposed management change. Mere protests or objections to the employer’s proposed change do not suffice as a demand to negotiate.