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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An employer’s failure to provide an exclusive representative with adequate notice and an opportunity to bargain is a per se violation of the duty to bargain in good faith if the decision itself falls within the scope of representation, or if the decision has reasonably foreseeable effects on terms or conditions of employment. (Regents of the University of California (2021) PERB Decision No. 2783-H, p. 18; Trustees of the California State University (2012) PERB Decision No. 2287-H, p. 20.) In the former instance PERB refers to the employer as having a “decision bargaining obligation,” while in the latter case the employer has an “effects bargaining obligation.” (County of Santa Clara (2013) PERB Decision No. 2321-M, pp. 8, 23-24; County of Santa Clara (2019) PERB Decision No. 2680-M, p. 12.) (pp. 13-14.)