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

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Advance notice and bargaining are the primary means by which the MMBA promotes its central purpose—communication—and would lead to greater understanding and harmony going forward. Work opportunities, hours, and mandatory furlough periods are within the scope of representation. (See, e.g., Modoc County Office of Education (2019) PERB Decision No. 2684, p. 10; City of Long Beach (2012) PERB Decision No. 2296-M, p. 23; County of Fresno (2010) PERB Decision No. 2125-M, adopting warning letter at p. 3.) A decision to contract with a striker replacement company had foreseeable effects on these mandatory subjects of bargaining. The employer therefore was required to provide notice and a meaningful opportunity to bargain over the reasonably foreseeable effects of its decision before implementation. (County of Santa Clara (2019) PERB Decision No. 2680-M, p. 12.)