Headnote for 2915aH, 602.02000 – Adequate Prior Notice and Opportunity to Bargain - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Adequate Prior Notice and Opportunity to Bargain

Single Topic for Decision 2915Ha

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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)
602.02000 – Adequate Prior Notice and Opportunity to Bargain

Even if a union gains actual notice of an employer’s non-bargainable decision, and the employer has not yet begun to implement its decision as of the date the union obtains such notice, the employer must still comply with its pre-implementation duty to bargain over any reasonably foreseeable effects on terms and conditions of employment. Normally, this means bargaining in good faith to impasse or agreement before beginning implementation. (County of Santa Clara (2021) PERB Decision No. 2799-M, p. 25 [“An employer normally may not implement the decision while effects bargaining continues and instead must wait until the parties have reached agreement or impasse over the negotiable effects of the decision”].) (pp. 25-26.)