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

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If external law leaves an employer with no discretion, it is not within the scope of representation. But if external law does not completely resolve the issue, the employer must bargain to the extent of its retained discretion. (County of Sacramento (2020) PERB Decision No. 2745-M, pp. 17-18.) An external law, the California Emergency Services Act (CESA), fully resolves that County employees are Disaster Service Workers (DSWs), and accordingly, the employees’ status as DSWs is not subject to bargaining. But the CESA leaves the County with substantial discretion, and thus the CESA does not eliminate the duty to bargain. (p. 25.)