EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining

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The Board rejected the District’s argument that its challenged decisions were outside the scope of representation because Adult Education teachers are temporary employees under Education Code section 44929.25, and thus are not entitled to any particular hours of work. Rehiring, reelection, course assignment processes, and work hours for temporary teachers fall within the scope of representation. And even where an employer’s decision involves a managerial decision regarding the nature and extent of a public service, the employer nonetheless must bargain over effects on terms or conditions of employment. The Board overruled Redwoods Community College District (1994) PERB Decision No. 1047, finding that the employer there made no such managerial decision. Rather, it kept public services the same while reallocating which employees did the work and categorically excluding certain employees from working more than 40 hours per week. The employer therefore had a decision bargaining obligation. Moreover, the Board found, Redwoods wrongly implied that an employer’s past practice of making discretionary decisions on terms and conditions of employment, based on financial and other considerations, means that it maintains the status quo when it makes further similar discretionary decisions. That implication misrepresented settled principles of the dynamic status quo doctrine. (pp. 8-9 & fn. 5.)