EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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Because the MMBA required the City to provide notice and an opportunity to meet and confer before contracting out work previously performed by bargaining unit classifications, and the union did not waive its right to bargain over contracting out such work, the City violated its obligation to bargain subcontracting as required under the MMBA. The subcontracting of bargaining unit work had a continuing impact on terms and conditions of employment and diminished the collective strength of the employees’ ability to deal effectively with the employer. (Arcohe Union School District (1983) PERB Decision No. 360, pp. 5-6; see also City of Sacramento (2013) PERB Decision No. 2351-M, p. 38.) This conduct was a per se violation of the City’s duty to bargain in good faith.