Labor Relations: The Meet and Confer Process

c. The Good Faith Requirement Government Code section 3505 of the MMBA describes the bargaining obligation and defines the concept of meet and confer in good faith as the:

mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on the matters within the scope of representation…

Good faith requires a subjective attitude with a genuine desire to reach agreement, manifested in conduct which indicates “a serious attempt to resolve differences and reach a common ground.” 18 The effort required is inconsistent with a “predetermined resolve not to budge from an initial position.” 19 PERB has adopted the standard for good faith as applied by the NLRB and the federal courts in application of the National Labor Relations Act (NLRA). For further discussion of the good faith standard and unfair practice charges relating to failure to bargain in good faith, see the section of this workbook entitled “PERB Review of Unfair Practices.” d. Duty to Meet and Consult The MMBA authorizes an employer to adopt “reasonable rules and regulations” for the administration of employer-employee relations. 20 An employer is required to “meet and consult” with employee organizations over adopting and implementing local employment relations rules. 21 Generally, consultation required under Government Code section 3507 over employment relations rules is no different from the good faith meet and confer process required under Government Code section 3505. 22 Indeed, PERB has held that the duty to “consult in good faith” under section 3507 requires the agency to provide reasonable written notice to each employee organization affected by the rule or regulation proposed for adoption or modification and afford each organization a reasonable opportunity to meet and discuss the rule or regulation prior to the agency’s adoption. In both settings, the parties must: (1) meet and confer/consult promptly upon request, (2) continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and (3) endeavor to reach an agreement. 23 Furthermore, the agency and exclusive representative have the mutual obligation to exchange information, opinions and proposals, and to make and consider recommendations under orderly procedures in a conscientious effort to reach agreement. 24 While the duty to consult is virtually identical to the duty to confer, the subjects that must be discussed under each statute are different because section 3507 specifically identifies subjects for consultation. PERB has taken an expansive view of the “mandatory subjects” for consultation, holding that they concern the system of collective representation established by the MMBA. 25

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 9