EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change In Policy
Single Topic for Decision 0999S
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602.03000 – Change In Policy
To determine whether a unilateral change has occurred, the status of the written agreement between the parties must be analyzed to determine whether it includes provisions concerning area of layoff, and if so, whether the terms of that agreement arguably were breached; p. 8. Traditionally, an employer must maintain certain terms contained in an expired contract until such time as bargaining over a successor agreement has been completed either by reaching agreement or impasse; p. 8. The process of negotiating over terms within the expired contract does not result in suspension of those terms during negotiations. Rather, the terms of the expired agreement remain in effect throughout negotiation and may continue to be implemented in accordance with those terms; p. 12, footnote. negotiation and may continue to be implemented in accordance with those terms; p. 12, footnote.