EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – When Duty Arises/Sufficiency of Bargaining Demand

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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

After District contravened earlier promises regarding scheduling of English as Second Language teachers, it was too late for good faith negotiations over the scheduling process to occur, as demand to bargain would be futile. (Oakland Unified School District (2023) PERB Decision No. 2875, p. 9, fn. 6; County of Santa Clara (2013) PERB Decision No. 2321-M, p. 24 [“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].) (p. 7, fn. 7.)