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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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

When an employer finalizes its decision to change a policy before providing the union with notice and an opportunity to bargain, a union is not obligated to request bargaining, nor to accept any employer offer to meet and confer that is made after the employer has already reached a firm decision. (p. 11.) Employer offer to meet and confer inadequate if employer did not restore the status quo, which is a necessary condition for meaningful bargaining to occur. (City of San Ramon, supra, PERB Decision No. 2571-M, p. 15 [good faith bargaining is not possible when employer has already ā€œimposed the very terms under discussion, thereby forcing [the union] to start from a position of having to talk the [employer] back to the status quo.ā€].)