EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining

Single Topic for Decision 2875E


View all topics for Decision 2875E

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)
601.03000 – Decision vs Effects Bargaining

In an effects bargaining case, the threshold issue is whether the employer provided adequate advance notice to allow meaningful negotiations before implementation. Absent adequate notice, a union has a valid unfair practice charge irrespective of whether it requests to bargain effects. (County of Ventura (2021) PERB Decision No. 2758-M, p. 42.) To trigger a union’s obligation to request bargaining, the employer must provide notice that “clearly” informs the union of the nature and scope of the change. (Id. at p. 43.) (p. 18.)