EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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While an employer need not negotiate over a decision that is outside the scope of representation, it nonetheless must meet and confer over alternatives to the decision as part of effects bargaining. (County of Sonoma (2021) PERB Decision No. 2772-M, p. 54 (Sonoma); Anaheim Union High School District (2016) PERB Decision No. 2504, pp. 10-11, 15 & adopting proposed decision at p. 41; City of Sacramento (2013) PERB Decision No. 2351-M, p. 22.) Thus, one purpose of effects bargaining is to permit the exclusive representative an opportunity to persuade the employer to consider alternatives that may diminish the impact of the decision on employees. (Sonoma, supra, PERB Decision No. 2772-M, p. 55.) County failed to bargain in good faith over consequences for surveillance technology ordinance violations where it refused to respond to the Association’s proposed alternatives, such as exempting Association members from the criminal provision, or explaining why traditional disciplinary measures were not adequate to address Ordinance violations.