Headnote for 2745-M, 605.04 Conditional Bargaining; Piecemeal or Fragmented Bargaining - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Conditional Bargaining

Single Topic for Decision 2745M

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605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining

Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.)