EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining
Single Topic for Decision 2385E
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601.03000 – Decision vs Effects Bargaining
The decision to close a facility or to lay off employees is not subject to bargaining, but the effects of that decision on matters within the scope of representation are negotiable. Before an employer may refuse to negotiate after receiving an effects bargaining demand, it must attempt to clarify through discussions with the union any uncertainty as to what is proposed for bargaining and whether it falls within the scope of representation. Once the District made a firm decision to close the school site and, subsequently, received a valid effects bargaining demand, the duty to bargain in good faith over the effects of that decision arose.