All notes for Subtopic 607.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
A preeminent element of the Legislature’s MMBA policy design for employer employee relations in public agencies is a public agency’s discretion, as provided in MMBA section 3507, to adopt its own rules and regulations for the administration of employer employee relations. In section 3507 the Legislature accorded to employees, through their organizations, a voice in designing their agency’s rules and regulations, mandating that prior to adopting its rules and regulations a public agency “consult in good faith” with employee organization representatives. The Legislature did not prescribe with particularity the consultation process mandated by MMBA section 3507. However, several courts of appeal have provided guidance, concluding that consultation under section 3507 is “indistinguishable” from meeting and conferring under section 3505. Relying on these decisions, we conclude that the consultation process mandated by section 3507 is very much like the meet and confer process described in section 3505) A public agency’s consultation obligations under MMBA section 3507 arise sufficiently in advance of the agency’s adoption of rules and regulations for the administration of employer employee relations, to permit completion of consultation discussions prior to such adoption. Pursuant to MMBA section 3507, a public agency must: (1) provide reasonable written notice to each employee organization affected by the rule or regulation proposed for adoption or modification by the agency; and (2) afford each such organization a reasonable opportunity to meet and discuss the rule or regulation prior to the agency’s adoption. MMBA section 3507 imposes on a public agency and on recognized employee organizations, several mutual obligations in the conduct of consultation, which are to: (1) meet and confer regarding consultation subjects promptly upon the request by either party; (2) continue meeting and conferring for a reasonable period of time in order to exchange freely information, opinions and proposals; and (3) endeavor to reach an agreement. The adoption of rules and regulations concerning either interest arbitration or mediation or both, falls squarely within the public agency’s duty, established by MMBA section 3507, to consult in good faith. In MMBA section 3507, the Legislature stated with particularity those matters a public agency may include in its rules and regulations for administration of employer employee relations, and over which it must consult. We deem these matters to be “mandatory subjects” for consultation pursuant to section 3507(a). A public agency’s decision to modify or repeal interest arbitration procedures contained in its rules and regulations for administration of employer employee relations, is subject to the public agency’s consultation duty pursuant to MMBA section 3507, even though a public agency may decline lawfully to meet and confer under section 3505 over a proposal to include an interest arbitration provision in an MOU governing wages, hours and other terms and conditions of employment of agency employees. The City was aware that the union sought to meet with City representatives to discuss the City’s proposed changes to the interest arbitration procedures in the City’s rules and regulations for the administration of employer-employee relations. That being so, we conclude further that the City was obliged to meet with representatives of the union, either to discuss and exchange proposals regarding the City’s proposed changes to the interest arbitration procedures or to clarify the City’s position that the proposed changes to its interest arbitration procedures were a permissive subject of meeting and conferring. By failing to offer to meet with the union’s representatives, the City violated its consultation duty under MMBA section 3507. Like the City’s duty to meet and confer in good faith under MMBA section 3505, its duty to consult in good faith under section 3507 is not satisfied merely by permitting organizational representatives to exercise rights accorded to members of the public to address the Council, or its Policy and Services Standing Committee, in a public session. Absent a valid defense, a party subject to the good faith duty to consult pursuant to MMBA section 3507 must defer action on matters subject to its consultation duty pending exhaustion thereof. An agency may raise affirmative defenses to a complaint alleging that the agency violated the MMBA by failing or refusing to consult in good faith, including the defense that the charging party waived its consultation right under MMBA section 3507. An agency may raise affirmative defenses to a complaint alleging that the agency violated the MMBA by failing or refusing to consult in good faith, including the defense that the charging party waived its consultation right under MMBA section 3507. more or view all topics or full text.
392508/06/14
2084H Regents of the University of California (Los Angles)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
When an employer owes a duty to meet and discuss, the employer must consider the exclusive representative’s proposals but is not bound to attempt in good faith to reach a negotiated written agreement. Although the Board determines whether an employer has satisfied this obligation on a case-by-case basis, it recognizes the following three touchstones in its analysis: (1) notice before the employer’s decision is final or implemented, (2) reasonable time and opportunity for meeting and discussing, between the notice and the final decision or implementation, and (3) good faith conduct in listening to and considering proposals. more or view all topics or full text.
342012/14/09
1624E Antelope Valley College Federation of Teachers (Stryker)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
Stryker lacks standing to assert the right to meet and confer with the public school employer as that right is solely afforded to employee organizations more or view all topics or full text.
2814604/28/04
0842H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
HEERA requires University to notify nonexclusively represented individual employees of proposed changes in employment conditions and, if the employee chooses to have his or her union meet with employer to discuss the changes, such meetings are to be held upon request; pp. 9-10; pp. 39-41, proposed dec. more or view all topics or full text.
142118909/27/90
0253H Regents of the University of California (Students)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
Campus police officers are not "student service personnel" within the meaning of HEERA section 3597(a) because they are not "primarily engaged in providing services to students;" therefore, a student representative does not have the right to be present and comment at negotiations between employer and union representing campus police officers. more or view all topics or full text.
61324610/27/82
0118S Professional Engineers in CA Government (Professional Engineers in California Government)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
Non-exclusive rep has right to meet and consult with employer under Dills Act on subjects basic to employment relationship; pp. 7-8. State did not breach obligation to meet and consult with non-exclusive rep where it relied on EERA precedent interpreting provision similar to Dills Act in which the Board held no such duty under EERA and where budget time constraints imposed a duty to act on Governor prior to negotiations; pp. 9-12. more or view all topics or full text.
41104503/19/80
0104E Santa Clara Unified School District
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
District did not violate any duty to consult the nonexclusive representive because no evidence that the nonexclusive rep. requested consultation; pp. 24-25. more or view all topics or full text.
31012409/26/79
0022E San Dieguito Union High School District * * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
No duty to consult with non-exclusive representative under EERA. Consult means employer must consider proposals but is not bound to attempt in good faith to reach a negotiated written agreement. more or view all topics or full text.
136909/02/77
0928S State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
Board summarily affirms Board agent's dismissal of Association's charge that DPA violated section 3516.5, and 3519(a), (b), and (c) of the Dills Act by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State. more or view all topics or full text.
162306304/20/92
0927S State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists)
607.1000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT; In General
Board summarily affirms Board agent's dismissal of Association's charge that Governor of State of California violated section 3516.5, and 3519(b) and (c) of the Dills Act by failing to provide notice and opportunity to bargain on an initiative before proposing it to the Attorney General's office and the people of the State. more or view all topics or full text.
162306104/13/92