EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Single Topic for Decision 1053E
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608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. The district's duty to resume negotiations following good faith completion of impasse arises only if the association's proposals contain a concession from its earlier position which demonstrates that circumstances have changed and agreement may be possible; p. 8.