Headnote for 2915H, 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 2915H

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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

PARTIALLY VACATED AND PARTIALLY SUPERSEDED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.

The Board expressly overruled Fremont Union High School District (1987) PERB Decision No. 651, p. 25 (Fremont), to the extent it suggests that effects are only bargainable if they are “reasonably certain to occur.” While Fremont had employed the phrase “reasonably certain to occur” in distinguishing between “actual” and “purely speculative” effects (id. at pp. 25-27), PERB later overruled that entire framework, clarifying that a charging party need only demonstrate that there are “reasonably foreseeable” effects rather than “actual” ones. (pp. 20-21.)