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

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Public agencies must comply with the MMBA’s meet-and-confer requirement before submitting to voters an initiative affecting matters within the scope of representation. An employer’s obligation to provide adequate notice and opportunity to meet and confer is identical for both “a decision involving a negotiable subject [and] a negotiable effect of a non-negotiable decision.” The County failed to provide the Associations sufficient notice or opportunity to meet and confer over the decision to place Measure P on the ballot where the Associations first learned of the decision immediately before the County Board of Supervisors voted to place the measure on the ballot. The County also provided insufficient notice or opportunity to meet and confer over effects of the decision because the Board of Supervisors’ vote constituted implementation of the decision. (pp. 28-29.)