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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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

“[T]he MMBA’s duty to bargain extends to the implementation and effects of a decision that has a foreseeable effect on matters within the scope of representation, even where the decision itself is not negotiable.” A failure or refusal to bargain over the effects of a non-negotiable change is equally as harmful as a failure to bargain over a negotiable change, as it disrupts and destabilizes employer-employee relations by creating an imbalance in the power between management and employee organizations. While the County was entitled to unilaterally decide to make changes to body worn camera policies and to permit the police review agency to interview an investigator, supervisor, witness, or custodian of records, the refusal to bargain over the effects of those decisions is a per se violation of the duty to bargain. (pp. 44-46.)

Effects bargaining contemplates that negotiations may ultimately cause the employer to change its mind about the non-negotiable decision in some way. Because the Associations’ ability to propose alternatives to the County Board of Supervisors’ decision vanished as soon as it placed the ballot measure on the ballot, the County violated the statutory duty to meet and confer. (p. 54.)