SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

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Establishing a bona fide emergency/necessity at most alters the nature of an employer’s bargaining obligation and does not change the scope of representation. (County of Santa Clara (2023) PERB Decision No. 2876-M, pp. 28-29 & 32-34 [pandemic did not alter scope of bargaining; rather, it permitted employer to make life-saving decisions without reaching an impasse or agreement, while providing notice and an opportunity to bargain as practicable].) (p. 15.)