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

Single Topic for Decision 2799M

View all topics for Decision 2799M

Full Decision Text (click on the link to view): Full Text

Where an employer’s decision to install surveillance equipment is “not primarily about monitoring employees while they provide public services, and is instead installed, for instance, to deter members of the public from committing crimes, to apprehend such persons who do perpetrate crimes, to protect public property, or to keep staff and members of the public safe,” decision bargaining is not required, but the employer must provide notice and an opportunity to bargain over negotiable effects, including whether and how such surveillance might be used in relation to evaluating or disciplining employees. (San Bernardino Community College District (2018) PERB Decision No. 2599, p. 10, fn. 8.) Applying these principles to County ordinance surveillance technology definition, PERB found definition not subject to decision bargaining because the benefits of bargaining do not outweigh management’s need for freedom to protect the public’s privacy and safety. At same time, PERB recognized surveillance technology definition’s potential consequences on employee discipline and other matters within the scope of representation, and that these employment-related impacts are subject to effects bargaining. (Ibid.)