UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Pre-Impasse
Single Topic for Decision 0208E
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301.02000 – Pre-Impasse
A strike during negotiations and prior to exhaustion of impasse proceedings constitutes a failure to negotiate in good faith. Although not a per se violation, in the absence of any sustainable allegation of provocation by the employer, the strike violated subsection 3543.6(c); pp. 11-12. A pre-impasse strike creates a rebuttable presumption that it is a violation of 3543.6(c).