EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT – With Nonexclusive Representatives
Single Topic for Decision 0212H
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607.02000 – With Nonexclusive Representatives
University required to provide prior notice and an opportunity to discuss contemplated changes in wages, hours, and other terms and conditions of employment to nonexclusive representatives. However, obligation under HEERA to give notice and meet with nonexclusive representatives is not the same as that imposed with regard to exclusive representatives; p. 11. Under HEERA, the procedural ground rules for meeting and discussion are properly the subject matter to discussions between the Regents and affected nonexclusive representatives; p. 11. Unreasonable restrictions placed on the presumptive right of access for a representative organization is a clear nexus for a finding that the Regents violated HEERA subsections 3571(a) and (b); p. 21. The language of HEERA and its overall statutory scheme provide a clear indication that the Legislature did not intend to consign nonexclusive The language of HEERA and its overall statutory scheme provide a clear indication that the Legislature did not intend to consign nonexclusive SEERA not provided for similarly or identically in HEERA does not mean that the policy embodied by such provision is not applicable to HEERA; pp. 6-7. HEERA's express provisions indicate a legislative intent to preserve representation rights for employees and employee organizations until such time as an exclusive representative is selected; p. 7. Subsection 3560(e) makes clear the Legislature's intention that designation of nonexclusive representatives is an integral part of the statutory scheme; pp. 7-8. The statutory language of subsection 3565 separates meeting and conferring from other representational functions and is an indication that the Legislature intended to enable employees to be represented by nonexclusive representatives prior to selection of an exclusive representative. The very definition of the term "employee represented by nonexclusive representatives prior to selection of an exclusive representative. The very definition of the term "employee with" the higher education employer regarding employment matters. Otherwide, the Legislature would have limited the definition accordingly, rather than including within that definition " . . . any organization of any kind . . . ."; pp. 9-10.