EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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An employer is privileged to implement its changes before completing effects negotiations based on Compton Community College District (1989) PERB Decision No. 720 (Compton) if: (1) implementation date is based on an immutable deadline or an important managerial interest, such that a delay in implementation beyond the date chosen would effectively undermine the employer’s right to make the decision; (2) employer gives sufficient advance notice of the decision and implementation date to allow for meaningful negotiations prior to implementation; and (3) employer negotiates in good faith prior to and after implementation]. (Id., pp. 14-15.) PERB clarified that its decision does not preclude an employer from asserting a Compton defense, including in circumstances where the Education Code sets a deadline by which layoffs must occur. (p. 16, fn. 10.)