Headnote for 2861M, 601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case

Single Topic for Decision 2861M

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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

An employer that declares impasse without reaching a bona fide impasse after good faith negotiations, and then refuses to bargain further or proceeds to change employment terms, commits a per se violation. In this case, as the ALJ found, the District did not declare impasse, and it would not have been appropriate for the District to do so given that the parties’ differences were not “so substantial and prolonged that further meeting and conferring would be futile.” (p. 49.)