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

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City’s unilateral imposition of a no-strike clause and a bargaining waiver was clearly unlawful. (City of San Ramon (2018) PERB Decision No. 2571-M, p. 6; (Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, p. 40.) Although the City states that it did not intend to include that language in the City Council’s imposition, it took no action to retract that language or to clarify with the union or bargaining unit employees that the terms were included by mistake. PERB precedents treat this allegation as a per se violation for which the employer’s motive or intent is irrelevant. (San Ramon, supra, PERB Decision No. 2571-M, p. 14; Fresno, supra, PERB Decision No. 2418-M, pp. 2-3, 15, 37-40.)