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

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PARTIALLY VACATED AND PARTIALLY SUPERSEDED BY Trustees of the California State University v. Public Employment Relations Bd.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, which held if employer establishes union obtained actual notice of a decision with bargainable effects, the burden is on the union if it claims there was insufficient time for good faith negotiations before the employer began implementation.

“What constitutes a ‘reasonable amount of time’ necessarily depends upon the individual circumstances of each case.” (Victor Valley Union High School District (1986) PERB Decision No. 565, p. 5.) However, it must include sufficient time for the organization to consult its members, decide on a course of action, request and receive information, and then bargain in good faith to impasse or agreement. (City of Sacramento (2013) PERB Decision No. 2351-M, pp. 29-30.) Employer failed to prove that the faculty association had actual knowledge of the full scope of the new immunization policy at a time before implementation began, much less sufficiently in advance to allow a meaningful opportunity to bargain. Indeed, implementation was already underway at the time the faculty association gained actual knowledge (pp. 25-26 & fn. 10.)