PERB provides insight: what is a sufficient request for effects bargaining?

As we reported several weeks ago, PERB’s decision in Rio Hondo Community College clarified the requirements for a “sufficient” request to bargain over the effects of an employer decision.  PERB’s recent decision in County of Sacramento (2013) PERB Decision No. 2315-M further clarifies the elements for a sufficient request for effects bargaining—and in a way that will benefit Unions.

Under County of Sacramento, a sufficient request to bargain over the effects of an employer decision has two elements:  the demand to bargain must place the employer on notice that (1) the Union wants to negotiate over effects rather than the decision itself; and (2) the Union believes the proposed change affects one or more subjects within the scope of representation (wages, hours, working conditions, etc.).

County of Sacramento explicitly rejects any requirement that the Union specifically identify either subjects within the scope of bargaining that are impacted by the employer decision or the specific effects the employer’s decision would have on negotiable subjects.

By Sean Graham

Legal Developments