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

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The Board found that the County failed to meet any of the elements of the Compton Community College District (1989) PERB Decision No. 720 test, under which an employer is privileged to implement a decision on a non-mandatory topic prior to exhausting its effects bargaining obligation where: (1) the implementation date is based on an immutable deadline or an important managerial interest, such that a delay in implementation beyond the date chosen would effectively undermine the employer’s right to make the decision; (2) the employer gives sufficient advance notice of the decision and implementation date to allow for meaningful negotiations prior to implementation; and (3) the employer negotiates in good faith prior to implementation and continues to negotiate afterwards as to the subjects that were not resolved by virtue of implementation. The third element of the test includes an employer’s pre- and post-notice bargaining conduct. (pp. 49-50.)