EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation

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An employer's change affecting a mandatory subject of bargaining prior to the exhaustion of impasse procedures, including consideration of the factfinder's report, is an unlawful unilateral change; p. 10. An employer may implement policies reasonably comprehended within previous offers made to the union once the employer exhausts the statutory impasse procedures. The term "reasonably comprehended" excludes those changes better than the last offer and also any changes which the parties did not discuss during negotiations which are less than the status quo; p. 10.