EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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PARTIALLY VACATED AND PARTIALLY SUPERSEDED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd.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.

“Non-mandatory” describes topics about which parties need not bargain, although they may choose to do so. (Oakland Unified School District (2023) PERB Decision No. 2875, p. 3, fn. 4.) One can convey the same meaning by labeling topics “permissive,” or as falling outside the “scope of bargaining” or “scope of representation.” (Ibid.) Although such topics are sometimes called “non-negotiable,” that is imprecise because it could also mean illegal bargaining subjects. (Ibid.) (p. 2, fn. 2.)