EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Other

Single Topic for Decision 2418M


View all topics for Decision 2418M

Full Decision Text (click on the link to view): Full Text

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.05000 – Other

The statutory scheme for collective bargaining under the PERB-administered statutes prohibits the unilateral imposition of terms that waive or limit the statutory rights of employees and employee organizations, including the rights to engage in concerted activity and to strike. Employer’s unilateral imposition of unratified tentative agreements providing for no strikes and Separability/savings language did not demonstrate an intent to frustrate negotiations or undermine the authority of the representative, because the tentatively agreed to articles constituted per se violations of the duty to bargain.