Headnote for 2915aH, 602.08000 – Duty to Bargain Effects - 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) – Duty to Bargain Effects

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)
602.08000 – Duty to Bargain Effects

“If a proposal is outside the scope of representation and does not have negotiable effects, the employer may refuse to negotiate without committing an unfair practice. (City of Pinole (2012) PERB Dec. No. 2288-M, p. 7.) However, a party’s refusal to discuss a proposal based on an incorrect belief that the proposal concerns a matter outside of the scope of representation is a per se violation of the duty to bargain. (County of San Luis Obispo (2015) PERB Dec. No. 2427-M, p. 26.)” (Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90, 104.) (pp. 13-14.)