EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Business Necessity; Emergency Exception

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Because the County established that its actions were urgently needed to save lives, the County did not need to wait for impasse or agreement before acting on a mandatory subject. The fact that the emergency exception defense applies does not completely absolve the employer of its duty to afford a union with notice and the opportunity to bargain; rather, the employer must afford the union these rights “to the extent that the situation permits, although an impasse is not necessary.” (Santa Clara County Correctional Peace Officers’ Assn., Inc. v. County of Santa Clara (2014) 224 Cal.App.4th 1016, 1032.) Thus, although an employer facing a true emergency can implement emergency measures before it reaches an impasse or an agreement, the employer must provide notice and opportunity to bargain to the extent practicable at all times. (Imperial, supra, PERB Decision No. 2861-M, p. 56.) (p. 33.)