EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT – With Nonexclusive Representatives

Single Topic for Decision 2904E

View all topics for Decision 2904E

Full Decision Text (click on the link to view): Full Text

A nonexclusive representative, whether or not it is seeking to ultimately be certified as an exclusive representative, has the right to receive advance notice of contemplated changes in fundamental employment terms or conditions, as well as the right to meet and discuss with the employer before it reaches a decision on such matters. (Alliance College-Ready Public Schools, et al. (2020) PERB Decision No. 2716, p. 20.) In such discussions, the employer need not engage in the full breadth of bargaining as it must with an exclusive representative, but it must listen and consider proposals in good faith. (Id. at pp. 23-24.) Furthermore, a nonexclusive representative has the right to information it needs to meet and discuss in good faith, to evaluate grievances, or to pursue administrative or legal remedies on behalf of employees. (Regents of the University of California (1999) PERB Decision No. 1354-H, adopting proposed decision, pp. 45-48; Santa Monica Community College District (1979) PERB Decision No. 103, p. 15.) However, because an employer has greater legal obligations to an exclusive representative than to a nonexclusive representative, the duty of strict neutrality does not always require an employer to afford the latter type of organization all the same privileges as the former. (Clovis Unified School District (2021) PERB Order No. IR-63, pp. 22-23, fn. 14; County of San Bernardino (2018) PERB Decision No. 2556-M, p. 10, fn. 11 & pp. 18-19; West Contra Costa Healthcare District (2010) PERB Decision No. 2145-M, p. 22.) (pp. 6 & 45, fn. 11.)