EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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County’s claim that it had no duty to bargain over certain proposals because the responsibility for making the changes lie foremost with another entity ignores both the requirement that an employer bargain to the extent of its discretion, as well as an equally important principle: a bargaining party can lawfully make a proposal that is contingent on its counterpart attempting in good faith to convince a third party to take a specified action. (See, e.g., State of California (Department of Personnel Administration) (1998) PERB Decision No. 1249-S, adopting warning letter at p. 4 [employer lawfully proposed that union support specified future legislation].) (p. 24.)