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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A principle of good faith bargaining allows a party to make proposals on permissive bargaining topics but prohibits such a party, at the time of impasse or thereafter, from conditioning its willingness to sign an overall agreement on its counterpart conceding to a permissive or illegal proposal. PERB refers to this as “insisting to impasse” on a permissive or illegal proposal. (p. 17.) “Permissive” describes subjects about which parties need not bargain, although they may choose to do so. (Oakland Unified School District (2024) PERB Decision No. 2875, p. 3, fn. 4.) PERB sometimes refers to such topics as falling outside the “scope of bargaining” or “scope of representation.” (Ibid.) In contrast, an illegal proposal is one that parties cannot lawfully agree upon. (City of San Jose (2013) PERB Decision No. 2341-M, pp. 43-44 (San Jose).) (p. 17, fn. 6.)