EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct
Single Topic for Decision 2443M
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608.02000 – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct
The union president made a bargaining demand in his March 5, 2012, e-mail to the City Manager. Any waiver of a right to bargain over a negotiable contracting out decision must be clear and unmistakable. Therefore, the union’s March 5, 2012, bargaining demand obviates a determination that the union waived its right to bargain by inaction.