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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In unique circumstance where record did not demonstrate extent to which non-employees were likely to be subject to surveillance technology ordinance’s misdemeanor provision, PERB found it more practical to deal with the misdemeanor provision’s application to employees as a bargainable impact of a provision that could apply to individuals who are not employees, or to certain private companies or nonprofits. Thus, PERB found the MMBA’s purposes are best effectuated by: (1) not ordering bargaining over the decision to enact a misdemeanor provision that apparently may apply to the public generally; and (2) instead enforcing the County’s effects bargaining obligation, i.e., a duty to bargain over employee impacts, including all possible consequences for employees found to have violated the Ordinance.