EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case
Single Topic for Decision 2287H
Full Decision Text (click on the link to view): Full Text
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
The standard for determining whether there has been an unlawful unilateral change is necessarily distinct from the standard for determining whether there has been a failure to bargain effects. It is not necessary to prove the occurrence of an actual change in employees’ working conditions as a precondition to finding a duty on the part of management to negotiate the impact. So long as the immediate or prospective effect of a non-negotiable decision identified by charging party falls within the scope of representation and is reasonably foreseeable and causally related to the non-negotiable decision, the bargaining obligation attaches.