EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
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605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
By enacting EERA section 3549.1, the Legislature intended that negotiations would be attended only by the parties’ representatives, absent an agreement or established practice to the contrary. To the extent a public school employer insists on a policy of excluding employee observers from negotiations, it was simply following the statutory default rule for negotiations, and not unlawfully insisting on or conditioning negotiations on a non-mandatory subject of bargaining. pp. 29-34; 34-37.