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

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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

While a non-mandatory topic does not become mandatory merely because a bilateral agreement has a provision on that topic (Salinas Valley Memorial Healthcare System (2012) PERB Decision No. 2298-M, p. 15), a mutually ratified agreement is binding, and repudiating such an agreement during its term can establish a per se violation or bad faith under the totality of the circumstances (EERA, ยง 3540.1, subd. (h); Oxnard Union High School District (2022) PERB Decision No. 2803, pp. 46-47; Region 2 Court Interpreter Employment Relations Committee & California Superior Courts of Region 2 (2020) PERB Decision No. 2701-I, p. 42; County of Tulare (2015) PERB Decision No. 2414-M, pp. 29-30; Standard School District (2005) PERB Decision No. 1775, adopting proposed decision at p. 16) Accordingly, if a CBA provision covers a non-mandatory bargaining subject, the employer typically can decide to repudiate the provision only when the contract expires, whereas an employer can generally make such a decision at any time if the provision merely appears in a policy. (pp. 13-14.)