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

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An employer normally may not implement a nonnegotiable decision while effects bargaining continues and instead must wait until the parties have reached agreement or impasse over the negotiable effects of the decision. (County of Santa Clara (2013) PERB Decision No. 2321-M, p. 25.) There is an exception, however, if the employer can establish each of three elements: (1) the implementation date was based on an immutable deadline or an important managerial interest, such that a delay in implementation beyond the date chosen would effectively undermine the employer’s right to make the decision; (2) the employer gave sufficient advance notice of the decision and implementation date to allow for meaningful negotiations prior to implementation; and (3) the employer negotiated in good faith prior to and after implementation. (Compton Community College District (1989) PERB Decision No. 720, PERB Decision No. 720, pp. 14-15.)