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

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Although an employer engaged in effects negotiations need not bargain over the policy reasons for its decision, it cannot refuse to bargain over alternatives, as those alternatives fundamentally impact the employment effects at issue. (Oxnard Union High School District (2022) PERB Decision No. 2803, p. 51 (Oxnard); County of Santa Clara (2021) PERB Decision No. 2799-M, p. 27; Anaheim Union High School District (2016) PERB Decision No. 2504, pp. 10-11, 15 & adopting proposed decision at p. 41; City of Sacramento (2013) PERB Decision No. 2351-M, p. 22.) Indeed, one purpose of effects bargaining is to permit the exclusive representative an opportunity to persuade the employer to consider alternatives that may diminish the impact of the decision on employees. (Oxnard, supra, PERB Decision No. 2803, p. 52; Santa Clara, supra, PERB Decision No. 2799, p. 27.) (p. 14, fn. 8.)