EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Duty to Bargain Effects

Single Topic for Decision 2875E

View all topics for Decision 2875E

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

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.)