Headnote for 2861M, 601.04000 – When Duty Arises/Sufficiency of Bargaining Demand - 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) – When Duty Arises/Sufficiency of Bargaining Demand

Single Topic for Decision 2861M

Full Decision Text (click on the link to view): Full Text

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

The District notes that IBEW failed to request bargaining after it sent IBEW notice on May 14 that it would be removing the Sequestration Policy restriction on usage of the 40 hours of post-sequestration vacation time, thereby allowing employees to bank unused time. While there is no complaint allegation relevant to that change, and we find no violation, the District’s argument does not help it with respect to the complaint’s actual allegations. The District’s letter did not refer to the parties’ negotiations or indicate that the District was ready to resume those negotiations. We find no reason to consider this letter an invitation to resume bargaining, nor did it put the onus on the union to create another offer in response to the District’s fait accompli. (p. 63, fn. 35.)