EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General
Single Topic for Decision 2659M
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602.01000 – In General
An employer’s unilateral change violates the duty to bargain in good faith where: (1) the employer took action to change existing policy; (2) the policy change concerned a matter within the scope of representation; (3) the action was taken without giving the exclusive representative notice or opportunity to bargain over the change; and (4) the change has a generalized effect or continuing impact on terms and conditions of employment. In order to satisfy the first element, a charging party generally must show at least one of the following: (1) changes to the parties’ written agreements; (2) changes in established past practices; or (3) newly created policies, or application or enforcement of an existing policy in a new way. Where County and County Hospital Authority began using contract medical assistants to staff newly-opened clinics, without notifying the union or giving it an opportunity to bargain, County and County Hospital Authority at least implemented a new policy, and/or applied existing policy in a new way.