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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Effects bargaining violations are equally harmful as decision bargaining violations, as both disrupt and destabilize employer-employee relations by creating an imbalance in the power between management and employee organizations. (County of Santa Clara (2013) PERB Decision No. 2321-M, pp. 23-24.) In other words, the effects bargaining obligation is not an inferior duty. (Id. at p. 24; County of Santa Clara (2019) PERB Decision No. 2680-M, p. 13.)