EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain

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Per se violations generally involve conduct that violates statutory rights or procedural bargaining norms. (City of Arcadia (2019) PERB Decision No. 2648-M, pp. 34-35.) Unlike the totality of conduct analysis, a per se violation requires no inquiry into the respondent’s subjective intent or finding of bad faith. (Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, p. 15 (Fresno).) The District’s outright refusal to negotiate over lesser discipline of full-time faculty and paid administrative leave constituted a per se violation of its duty to bargain. (City of Glendale (2020) PERB Decision No. 2694-M, pp. 67-70; Fresno, supra, PERB Decision No. 2418-M, p. 15.) (p. 36.)