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

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

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

District deviated from MOU when it told the Federation it was instituting new employment terms as a fait accompli, without first having raised its staffing concern and bargained in good faith over alternative ideas. When the exclusive representative first learns of a change after the decision has been made, “by definition, there has been inadequate notice.” (City of Sacramento (2013) PERB Decision No. 2351-M, p. 33.)