SCOPE OF REPRESENTATION – Statutory Rights
Single Topic for Decision 2081S
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1000.02165 – Statutory Rights
While the parties are free to negotiate over the inclusion of non-mandatory subjects of bargaining, an employer may not insist to impasse that a union waive statutory rights. Insistence to impasse and during impasse on the waiver of a statutory right is per se an unfair practice, provided the party opposing negotiations on the non-mandatory subject makes its objection known.