EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

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If a bargaining proposal includes a mix of permissive and mandatory topics, or if it is unclear whether the proposal is partially or wholly permissive, the receiving party cannot flatly refuse to bargain. Instead, it must seek in good faith to clarify the proposal and clearly state its willingness to bargain over any aspects of the proposal involving a mandatory bargaining topic. (Cerritos Community College District (2022) PERB Decision No. 2819, pp. 23-24, fn. 9; City of Palo Alto (2017) PERB Decision No. 2388a-M, p. 33; Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, pp. 9-10.) Thus, a party must bargain over mandatory subjects even though in doing so it must address proposals that also touch on permissive subjects. (Anaheim Union High School District (2016) PERB Decision No. 2504, p. 11 [finding such a circumstance “neither unprecedented nor particularly troubling”].) (p. 19.)