Headnote for 2852-H, 602.02000 – 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 2852H

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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

Although the amount of time varies depending on the circumstances of each case, “an employer must give notice sufficiently in advance of reaching a firm decision to allow the representative an opportunity to consult its members and decide whether to request information, demand bargaining, acquiesce to the change, or take other action.” Here, UC-AFT first learned of the University’s new concurrent employment policy when UC Santa Cruz announced the implementation of the policy in its November 25, 2020 letter. Indeed, UC Santa Cruz had already implemented the policy when it rescinded a lecturer appointment the prior month. The Board thus had no difficulty concluding that the University did not provide UC-AFT adequate notice or opportunity to meet and confer over UC Santa Cruz’s decision to adopt the concurrent appointment policy. (pp. 17-18.)