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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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

The fact that the County’s Board of Supervisors (BOS) has a limited role in changing medical staff bylaws does not equate to the existence of an immutable, externally imposed mandate. (County of Sacramento (2020) PERB Decision No. 2745-M, p. 18.) Rather, the BOS retained certain discretion and the County had to negotiate to the extent of that discretion. (Ibid.) Pursuant to statute, the extent of the County’s discretion was that its BOS could not unreasonably withhold approval. (Bus. & Prof. Code, § 2282.5, subd. (a)(6); Cal. Code Regs., tit. 22, § 70701, subd. (a)(8).) Thus, while the County might lawfully tell the union in negotiations that its BOS had little choice absent clear problems with the proposed revisions, that is not what the County did. Indeed, at a minimum, the County had a duty to continue meeting with SEIU to clarify the extent of any decision bargaining obligation and to bargain effects. Instead, it flatly refused to bargain. (p. 16.)