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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Where it is unclear whether the employer has a duty to bargain, it must meet with the exclusive representative in good faith to clarify the extent to which all or part of its contemplated change is subject to bargaining. (Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, p. 10 [failure to seek clarification violates the duty to negotiate in good faith]; accord City of Palo Alto v. Public Employment Relations Bd. (2016) 5 Cal.App.5th 1271, 1309 [a party asserting it need not bargain over a topic has a duty to meet with its counterpart, give its rationale, and enter into negotiations over any aspects that, after clarification, fall within the scope of bargaining]; Cerritos Community College District (2022) PERB Decision No. 2819, pp. 23-24, fn. 9 [employer obligation to clarify]; State of California (Department of Personnel Administration) (1986) PERB Decision No. 574-S, p. 16 [same].) (p. 12.)