Headnote for 2803, 602.02 Prior Notice and Opportunity to Bargain - California Public Employment Relations Board

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

Single Topic for Decision 2803E

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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

An employer 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) [judicial appeal pending]; 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; San Mateo City School District (1984) PERB Decision No. 383, p. 18.)