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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The MMBA’s bargaining obligation is its “centerpiece.” (Boling v. Public Employment Relations Bd. (2018) 5 Cal.5th 898, 914.) The MMBA restrains management from sudden shifts, instead requiring the mediatory influence of bargaining. (County of San Joaquin (2021) PERB Decision No. 2761-M, pp. 67, 69 [even when negotiations do not lead to agreement, they promote understanding and labor harmony by clarifying matters on all sides and avoiding chaotic implementation].) Indeed, irrespective of whether a status quo is written (as here, based on the MOU and job descriptions), or purely unwritten, the employer is not stuck with it forever. Rather, the employer can alter the status quo via bargaining to impasse or agreement. (See Oakland Unified School District (2023) PERB Decision No. 2875, pp. 15-16 [employer retains ultimate power to change status quo, after bargaining].) (p. 18.)