All notes for Subtopic 602.02000 – Prior Notice and Opportunity to Bargain

DecisionDescriptionPERC Vol.PERC IndexDate
2680M County of Santa Clara
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
A union is not required to demand to bargain effects where the employer has failed in its duty to provide notice prior to implementing the change. (p. 12.) more or view all topics or full text.
10/31/19
2680M County of Santa Clara
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Where an exclusive representative becomes aware of an employer’s proposed policy change after implementation of that change, by definition, there has been inadequate notice. (pp. 8-9.) more or view all topics or full text.
10/31/19
2701I * * * JUDICIAL APPEAL PENDING * * * Region 2 Court Interpreter Employment Relations Committee
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer’s offer to meet and confer with the exclusive representative over the elimination of a stipend after notifying the representative that it would stop making the payments does not ameliorate its unilateral change in past practice. When the exclusive representative first learns of a negotiable change after the decision has been made, by definition, there has been inadequate notice. (p. 56.) more or view all topics or full text.
03/16/20
2701I * * * JUDICIAL APPEAL PENDING * * * Region 2 Court Interpreter Employment Relations Committee
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Even if an employer’s decision is nonnegotiable, it must meet and confer over any foreseeable effects the decision may have on matters within the scope of representation. Once the employer makes a firm decision, it must provide the exclusive representative notice and a reasonable opportunity to negotiate prior to taking action that affects matters within the scope of representation. Upon receiving notice of the proposed change, the exclusive representative must make a valid request to bargain any foreseeable effects of the change on negotiable matters. Generally, an employer may not implement the nonnegotiable decision until the parties have reached agreement or impasse over the negotiable effects of the decision. (p. 47.) more or view all topics or full text.
03/16/20
2684E Modoc County Office of Education
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
When the exclusive representative first learns of a change after the decision has been made, “by definition, there has been inadequate notice.” [Citation.] (p. 10.) more or view all topics or full text.
11/27/19
2615M County of Kern
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
When an employer finalizes its decision to change a policy before providing the union with notice and an opportunity to bargain, a union is not obligated to request bargaining, nor to accept any employer offer to meet and confer that is made after the employer has already reached a firm decision. (p. 11.) Employer offer to meet and confer inadequate if employer did not restore the status quo, which is a necessary condition for meaningful bargaining to occur. (City of San Ramon, supra, PERB Decision No. 2571-M, p. 15 [good faith bargaining is not possible when employer has already “imposed the very terms under discussion, thereby forcing [the union] to start from a position of having to talk the [employer] back to the status quo.”].) more or view all topics or full text.
4310912/21/18
2321M County of Santa Clara
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The employer has a duty to provide reasonable notice and an opportunity to bargain before it implements a decision within its managerial prerogative that has foreseeable effects on negotiable terms and conditions of employment. “Reasonable” notice is one which is clear and unequivocal and which clearly informs the employee organization of the nature and scope of the proposed change. Once having reasonable notice and an opportunity to bargain before the employer implements a decision within its managerial prerogative that has foreseeable effects on negotiable terms and conditions of employment, the union must demand to bargain the effects or risk waiving its right to do so. The union’s demand must identify clearly the matter(s) within the scope of representation on which it proposes to bargain, and clearly indicate the employee organization’s desire to bargain over the effects of the decision as opposed to the decision itself. Where a union alleges that the employer did not provide reasonable notice and an opportunity to bargain prior to the employer’s implementation of a change in a non-negotiable policy having a reasonably foreseeable impact on a matter within the scope of representation, a prima face case of failure to bargain in good faith is established. A union’s duty to request effects bargaining arises upon an employer’s providing notice and an opportunity to bargain. Where an employer implements without providing the requisite notice and bargaining opportunity this conduct by itself violates the employer’s statutory duty to meet and confer, whether or not the union thereafter makes a demand for effects bargaining. more or view all topics or full text.
383007/25/13
2443M City of Milpitas
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The City Council’s adoption of the City Manager’s outsourcing and layoffs recommendation just six weeks after the union president’s e-mail requesting to bargain and before the parties had bargained or reached impasse, constitutes a change in City policy regarding outsourcing without giving the union an opportunity to bargain over the change. more or view all topics or full text.
403607/29/15
2333E Saddleback Valley Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Union had prior notice based on the District’s last, best and final offer of the methodology for implementing a retroactive salary schedule decrease and the District was free to implement that methodology when it imposed the terms of the factfinder report or its last, best and final offer on August 31, 2010. more or view all topics or full text.
385210/07/13
2351M City of Sacramento
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
When an exclusive representative becomes aware of a proposed change after the employer has implemented it, any notice to negotiate is inadequate. The employer violated its duty to bargain by making a firm decision to transfer bargaining unit work and layoff unit employees, and by using direct communications with unit employees to implement that decision, without providing the exclusive representative with adequate notice and meaningful opportunity to bargain. more or view all topics or full text.
3810412/24/13
2287H Trustees of the California State University
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Under HEERA, before implementing a non-negotiable decision, the parties must first negotiate over effects that have an impact on matters within the scope of bargaining. Once a firm decision is made, an employer must provide the exclusive representative with notice and a reasonable opportunity to negotiate prior to taking action that affects matters within the scope of representation. When claiming that an employer’s non-negotiable decision will have an effect on a subject within the scope of bargaining, the charging party bears the burden of alleging facts demonstrating a reasonably foreseeable impact on employees’ working conditions. Because bargaining over effects contemplates that negotiations will occur prior to implementation of the non-negotiable decision, the parties must assess the effects of the decision prospectively, without the benefit of hindsight. Where the employee organization has made a timely demand for bargaining on an issue within the scope of bargaining, the employee has the following three choices: (1) accede to the demand and address the employee organization’s concerns in negotiations; (2) ask the employee organization for its negotiation justification; or (3) refuse the employee organization’s demand. In choosing the third option, the employer does so at its peril if its refusal is later determined to be unjustified. Union met its burden of establishing a prima facie case of failure to bargain effects of management decision to implement executive order governing student mental health services, where request identified reasonably foreseeable impact on workload, thereby triggering duty to bargain potential impacts prior to implementation. more or view all topics or full text.
10/04/12
2296M City of Long Beach
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Given the overwhelming acceptance of the concept of impasse as a term of art central to labor relations, the definition of impasse under EERA, as interpreted by PERB, is appropriate under the MMBA as well. Evidence did not support conclusion that parties reached a point at which further negotiations would be futile. Thus, regardless of whether or not employer formally declared impasse or presented a “last, best and final offer,” an impasse did not exist as of the date of implementation of furloughs. more or view all topics or full text.
12/04/12
2262E Fairfield-Suisun Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
General publication of a governing board agenda does not constitute effective notice to exclusive representative of proposed changes. more or view all topics or full text.
3617605/08/12
2196S State of California (Department of Corrections and Rehabilitation, Avenal State Prison) * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
In order to state a prima facie case of failure to bargain over the effects of a non-negotiable management decision, the employee organization must demonstrate that it made a valid request to negotiate over identifiable, reasonably foreseeable, and negotiable effects of the decision. In the absence of such a request, an employer who implements a nonnegotiable decision without prior notice does not violate the duty to bargain. Ideally, if the employer reasonably anticipates that its decision will have negotiable effects, it will provide sufficient notice prior to implementation to afford an opportunity for negotiation. However, where the employer does not reasonably anticipate any negotiable effects and therefore implements with little or no prior notice, the union may still demand bargaining after implementation, provided it can identify any negotiable effects. In such cases, once the union is aware of the change, the failure to give formal notice is of no legal import. Moreover, the union does not waive its right to bargain by failing to request bargaining prior to implementation. Nonetheless, the union must still make a valid request to negotiate that clearly identifies the negotiable effects of the decision. more or view all topics or full text.
363008/12/11
2152S State of California (Department of Personnel Administration)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process. more or view all topics or full text.
351712/16/10
2125M County of Fresno
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No duty to bargain the implementation of furloughs when it represents the application of existing policy. Unfair practice charge failed to demonstrate a unilateral change in policy where the County Board of Supervisors policy regarding mandatory furloughs was clearly established. Erroneous publication of the policy by the County Personnel Department suggesting that certain bargaining units were exempt from the policy was not sufficient to show that the Board of Supervisors had in fact amended the policy to exclude those bargaining units. more or view all topics or full text.
3412208/11/10
2101H Regents of the University of California (Davis)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Notice of a proposed change must be given to an official of the union who has the authority to act on behalf of the organization. The knowledge of one or even several members of the bargaining unit, who lack authority to act in an official capacity, will not be imputed to the organization. Therefore, notice of a proposed change will not be imputed to a union solely on the basis that the employer notified an employee was a member of the union. more or view all topics or full text.
345503/01/10
1876Ha Trustees of the California State University
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Notice of a proposed change in policy must be given sufficiently in advance of a firm decision to make such a change to allow the exclusive representative a reasonable amount of time to make a demand to negotiate. more or view all topics or full text.
337304/15/09
2115S State of California (Department of Corrections and Rehabilitation, Department of Personnel Administration)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
By giving notice more than four months before the planned implementation date, the State afforded the union ample opportunity to negotiate over the effects of the layoff, including the area of layoff. more or view all topics or full text.
349906/10/10
2110S State of California (Department of Veterans Affairs) * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Layoff notices sent to bargaining unit members did not constitute sufficient notice to the union of the employer’s decision to layoff employees. Request to bargain over layoff decision would have been futile because layoff notices indicated the employer had already made a firm decision. more or view all topics or full text.
349006/01/10
2112I Los Angeles Superior Court
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The charge failed to state a prima facie case for unlawful unilateral change, where the alleged changes were outside the scope of representation. Union alleged the employer made changes in practice by eliminating nine regular court interpreter assignments and leaving vacancies in daily as-needed assignments unfilled. The Court Interpreter Act specifically provides that the “delivery of court services” is outside the scope of representation, and the Board has held that an employer’s determination of staff or service levels is not within the scope of representation. A matter outside scope does not become a mandatory subject of bargaining because the parties negotiate over it or even reach an agreement. more or view all topics or full text.
349406/07/10
2100M County of Sonoma
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Charging party failed to establish that the terms and conditions of employment implemented post-impasse deviated in any significant way from the proposals presented or discussed during negotiations. Although employer changed some of the contract language in its final implementation, all of the changes were reasonably comprehended within the employer’s pre-impasse proposals. Accordingly, charging party failed to establish a violation of the MMBA. more or view all topics or full text.
345402/25/10
2104M County of Mendocino
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No violation where employer, without giving prior notice to the union, retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit. more or view all topics or full text.
347404/21/10
2097M County of Riverside * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Where a change is made to a matter that is not within the scope of representation, or where the right to demand bargaining over the decision to change has been waived by the employee organization, the employer is obligated to provide notice and an opportunity to bargain over the negotiable effects of the decision, but not the decision itself. Failure by the employee organization to make a valid request to bargain the negotiable effects of the decision constitutes a waiver of the right to bargain regarding those effects. The employee organization’s request must clearly indicate the desire to bargain over the effects as opposed to the decision itself. more or view all topics or full text.
344902/10/10
2001M Omnitrans
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The obligation to meet and negotiate in good faith is one that must be fulfilled before implementing changes to matters within the scope of representation. Thus, absent a waiver by the exclusive representative, an employer violates its duty to meet and confer in good faith when it makes a unilateral change prior to the completion of bargaining. more or view all topics or full text.
333401/30/09
2055M Metropolitan Water District of Southern California
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Once an employer gives appropriate notice of a proposed change, it is not required to invite bargaining. more or view all topics or full text.
3314408/26/09
1778E Klamath-Trinity Joint Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Where an exclusive representative has received notice of the decision to eliminate a position, the effects of which it believes to be negotiable, the employer’s failure to give formal notice is of no legal import; pp. 4-5. more or view all topics or full text.
2916710/06/05
1674E Fresno County Office of Education
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Notice to the union must be made to a union official. Notice after the decision to implement transfers is not prior notice. more or view all topics or full text.
2821908/19/04
1565Ma Fresno Irrigation District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
On remand from unpublished Court of Appeal decision, Board vacated December 16, 2003 decision in Fresno Irrigation District (2003) PERB Dec. No.1565-M. Court of Appeal found no violation of MMBA when District denied Association use of District facilities for meetings. more or view all topics or full text.
294112/21/04
1577M County of Riverside
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
It is the County’s failure to process the grievance, not the merits of the grievance, that constitutes the unlawful conduct more or view all topics or full text.
284512/31/03
1652E Lost Hills Union Elementary School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Statement that “when you drive a bus you get bus pay and when you work as a custodian you get custodian pay, etc” is not clear and unambiguous statement that could be reasonably understood to mean the District was going to discontinue use of the wage formula for non-driving times relative to employees working as bus drivers part of the day and in other job classifications the rest of the day. more or view all topics or full text.
2819106/30/04
1507H Trustees of the California State University
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The ALJ properly found that, based upon the existing practice of the parties, CSU failed to notify APC of the implementation of the new policies. more or view all topics or full text.
272601/08/03
1504E Clovis Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The Board concludes that the District did not provide prior notice to CSEA before the District conducted the election and announced its intent to implement the election results. This conclusion results from CSEA’s role in CBA ratification process as set forth in CSEA Policy 610 and Chapter 250’s constitution, known to both the District and Chapter 250, and the certification of the exclusive representative as CSEA and its Chapter 250, as listed in the CBA. CSEA immediately objected to the election and demanded the right to negotiate upon learning of its happening, contrary to the District’s assertions. more or view all topics or full text.
271512/18/02
1374S State of California (Department of Youth Authority)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer's letter requesting union to change designation of facilities to institutions for purpose of steward representation did not put union on notice that employer was going to unilaterally change the designations. Failure to file charge within 6 months of letter is not a waiver. more or view all topics or full text.
243105902/28/00
1296S State of California (Department of Personnel Admin)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause. more or view all topics or full text.
233000910/22/98
1279S State of California (Departments of Personnel Administration, et al. * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Notice of a unilateral change at one department of the State does not constitute notice for any other department. more or view all topics or full text.
222914808/21/98
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Without prior notice and opportunity to negotiate, a change in policy tips the balance of negotiations, undermining the exclusive representative and forcing it to try to talk the employer back into the previously established policy; p. 53, proposed dec. more or view all topics or full text.
222911306/22/98
1260S State of California (Department of Forestry and Fire Protection) (California Department of Forestry Firefighters)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
In a unilateral change case, the statute of limitations contained in section 3514.5 begins to run when the charging party has actual or constructive notice of the respondent's clear intent to implement the alleged charge; p. 9, citing The Regents of the University of California (1990) PERB Decision No. 826-H. State's advisory to union that it intended to award new benefits contract, which did not provide union with any information concerning the specific aspects of the new plan or any information concerning the old and new plans, was not actual or constructive notice for purposes of computing the six-month period; p. 10. more or view all topics or full text.
222908304/20/98
1259E Fall River Joint Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Adequate notice of a new teacher swap program is not clearly established by letters to teachers implementing in the program; p. 28. more or view all topics or full text.
222908204/08/98
1258S State of California (Board of Equalization)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Where employer unconditionally offers to meet with exclusive representative, the employer's cancellation of a meeting and referral to its attorney does not operate as a retraction of its offer. The onus is on the exclusive representative to follow up. Failure to do so means the charging party failed to meet its burden of proof. more or view all topics or full text.
222908104/03/98
1240E Fremont Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Abandoning contractual rehire procedures without notice or an opportunity to meet and confer is per se refusal to negotiate; p. 7. more or view all topics or full text.
222902612/04/97
1235S State of California (Board of Equalization)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Notice of a proposed change must be given to an official of the employee organization who has authority to act on behalf of the organization; notice must be communicated in a manner which clearly informs the recipient of the proposed change; and notice must be given sufficiently in advance of a firm decision to make a change to allow the exclusive representative a reasonable amount of time to decide whether to make a demand to negotiate; p. 2, warning letter. Where exclusive representative received several forms of notice from the employer, but did not indicate a desire to bargain until a month after the change was implemented, the exclusive representative failed to make a timely demand to bargain; p. 3; p. 3, dismissal letter. more or view all topics or full text.
222901811/24/97
1163E Arcata Elementary School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No prior notice given to exclusive representative when the employer posted announcement and placed advertisement for new positions before the union learned of the plan; p. 10, proposed dec. more or view all topics or full text.
202712006/26/96
1154E El Centro School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Once on notice exclusive representative bears burden of clearly communicating request to bargain to the employer. "Not waiving" rights or threatened legal action are insufficient. more or view all topics or full text.
202710606/07/96
1085E Cajon Valley Union School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Actual knowledge of a change in the hours of vacant positions is not required only constructive knowledge. The district made numerous changes in hours of vacant positions which affected every classification and occurred at almost every job site; p. 5. more or view all topics or full text.
192606303/01/95
1067S State of California (Department of Personnel Administration) (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government; California State Employees' Association; California Department of Forestry Employees' Association, Local 2881, International Association of Fire Fighters)
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
The Governor does not fail to meet and confer in good faith through the act of submitting a budget to the Legislature prior to meeting and conferring with State employee unions. The submission of a proposed budget is not a matter for negotiations, but is instead the performance of a constitutionally imposed duty; p. 10, proposed dec. more or view all topics or full text.
192601011/09/94
0952E Sacramento City Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Charging party failed to demonstrate that the employer refused to bargain over the decision to transfer bargaining unit work nor was it demonstrated that a recent request to bargain would be futile; p. 2, warning letter. more or view all topics or full text.
162315209/10/92
0789E Beverly Hills Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Decision to lay off did not put union on notice of later and separate decision to contract out; pp. 9-10. more or view all topics or full text.
142104201/19/90
0790E Compton Community College District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
As District's formulation and distribution of schedule did not amount to the adoption of a final work calendar, District complied with its duty to give union notice and opportunity to bargain. When union rejected offer to negotiate, District was free to implement. more or view all topics or full text.
142105102/06/90
0784E Compton Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
District violated EERA sections 3543.5(b) and (c) when it changed its overtime policy without negotiating with CSEA. more or view all topics or full text.
142102912/29/89
0717E Klamath-Trinity Joint Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Charging party stated prima facie violation of EERA section 3543.5 by alleging that the district transferred or subcontracted work out of the bargaining unit without first providing the association with notice and an opportunity to bargain about the decision and/or its effects. more or view all topics or full text.
132002912/30/88
0720E Compton Community College District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer provided reasonable notice and a meaningful opportunity to bargain over the effects of its layoff decision when it notified association of layoffs two and four months prior to implementation. more or view all topics or full text.
132005703/01/89
0715E Lake Elsinore School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Board dismissed charge alleging that district failed to give notice and the opportunity to bargain the negotiable effects of the district's nonnegotiable decision to reduce of hours of instructional aides. No duty to bargain effects caused by reduction in aide time as main purpose of instructional aides hired under School Improvement Project was the maximization of direct instructional assistance of students. more or view all topics or full text.
132002712/29/88
0640H Regents of the University of California
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Demand need not be specific or made in a particular form. more or view all topics or full text.
121900712/10/87
0625E Fountain Valley Elementary School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Providing notice and opportunity to bargain does not create duty to renegotiate contractual term not subject to reopeners. more or view all topics or full text.
111811506/23/87
0606E Lake Elsinore School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Where the employer repeatedly expresses a willingness to negotiate a tentative calendar there is no unilateral change; p. 14. more or view all topics or full text.
111802512/31/86
0582E Oak Grove School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Unilateral change found where the employer failed to give notice and opportunity to bargain over change in work time. more or view all topics or full text.
101713406/30/86
0578E Plumas Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No duty to bargain before change in financing of health care plan where no impact on unit shown. more or view all topics or full text.
101712706/26/86
0556E Stanislaus County Department of Education
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Whether demand is adequate is a question of fact to be determined on case-by-case basis; the request need not be specific or made in a particular form; determinative factor is whether desire to bargain is made known. more or view all topics or full text.
101703912/31/85
0557E Nevada Joint Union High School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No waiver from failure to request bargaining where decision already made. more or view all topics or full text.
101704012/31/85
2311Ma City of Escondido * * * VACATED By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer’s decision to layoff full-time code enforcement officers was made prior to or simultaneously with the decision to transfer work outside of the bargaining unit. Under the circumstances presented here, it would have been futile for the union to request bargaining over the transfer. When a firm decision is made prior to an employer providing notice and an opportunity to negotiate a decision made by the employer that is within the scope of representation, the employer cannot defend on the ground that the union failed to request or demand negotiations. more or view all topics or full text.
4017805/11/16
0488E Pleasant Valley School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
When viewed in context, union's actions viewed as adequate demand to bargain; no obligation to demand bargaining when firm decision already made. more or view all topics or full text.
91609302/27/85
0372E Kern Community College District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer must negotiate over effects as soon as it decides to lay off, consistent with its duty to negotiate over the effects of a decision at a meaningful time; p. 11. more or view all topics or full text.
81501612/29/83
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
An employer is obligated to provide the exclusive representative with notice and a reasonable opportunity to bargain the effects of the layoff once the employer reaches a firm decision to lay off; pp. 20, 25-27. more or view all topics or full text.
81501712/30/83
0360E Arcohe Union School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer obliged to give notice and opportunity to bargain subcontracting of custodial services. more or view all topics or full text.
71429411/23/83
0353H Regents of the University of California
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Nonexclusive representative and employees entitled to notice and opportunity to discuss elimination of pay differential for food workers. Employer's failure to provide either is violation of duty. Employer's good faith no defense to unilateral change complaint. more or view all topics or full text.
71428010/27/83
0337E Kern Community College District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer must give notice and opportunity to bargain effects of lay off; p. 13. more or view all topics or full text.
71422908/19/83
0325E Long Beach Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer who did not initiate transfers--obligated to bargain on demand--but not obligated to give notice to employee organization; p. 4. Charge against receiving District - not transferring employer changes the obligation of employee organization. Employee organization has initial burden of demanding to negotiate on behalf of new employees; p. 4. more or view all topics or full text.
71419307/08/83
0326E Oakland Unified School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Employer obligated to give notice and opportunity to bargain on effects of layoff; p. 30. more or view all topics or full text.
71419507/11/83
0300E Arvin Union School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
District's posting of Board agenda at various school locations does not constitute effective notice to the exclusive representative of proposed changes in scope matters; p. 10. more or view all topics or full text.
71411903/30/83
0225E Newark Unified School District, Board of Education
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Violation found where District had a negotiating obligation (over effects of layoff) at time it proposed layoff, even though the full extent to which layoff would ultimately be implemented was speculative at that time; p. 5. Because it may reasonably be expected that a layoff of any magnitude will have an effect upon matters within scope, the proposal of layoff itself triggers the employer's obligation to provide notice and an opportunity to negotiate to the exclusive representative; p. 6. more or view all topics or full text.
61316406/30/82
0177E Anaheim Union High School District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
An employer is not entitled to unilaterally establish a released time policy from which negotiations begin. This would artificially divide a negotiable matter into negotiable and nonnegotiable components. more or view all topics or full text.
51214810/28/81
0919E Sylvan Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain. more or view all topics or full text.
162301701/07/92
0915E Compton Community College District
602.2000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Prior Notice and Opportunity to Bargain
Ratification of full and complete contract, which failed to include tentative agreement on retirement bonuses, constituted notice to charging parties that district did not ratify the retirement bonus; p. 4. more or view all topics or full text.
162301212/20/91