EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining
Single Topic for Decision 2694M
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601.03000 – Decision vs Effects Bargaining
City violated its obligation to bargain over the effects of its decision to subcontract and transfer bargaining unit work. PERB has long held that the MMBA’s duty to bargain extends to the implementation and effects of a decision that has a foreseeable effect on matters within the scope of representation, even where the decision itself is not negotiable. In both contexts—a decision involving a negotiable subject or a negotiable effect of a non-negotiable decision—the employer’s obligations are the same. Thus, an employer must provide timely notice and a meaningful opportunity to bargain over the reasonably foreseeable effects of its decision before implementation, just as it would be required to do with a mandatory subject of bargaining.