GENERAL LEGAL PRINCIPLES; WAIVER – By Contract/Zipper Clauses/Management Rights Clauses
Single Topic for Decision 1106E
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1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 9, proposed dec. Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec.