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

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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

“In the face of unilateral implementation, a demand to bargain is futile,” because at that point there is no “level playing field” for fair negotiations to occur. (County of Santa Clara (2013) PERB Decision No. 2321-M, p. 24.) Because District unilaterally implemented its decision to disregard nine-month notice of proposed school closures, teachers’ union was not required to pursue negotiations after the fact to perfect its charge. (Ibid.) (p. 22.)