EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. Where higher education employees are not exclusively represented, HEERA obligates University only to communicate its intention prior to making changes to affected employees; pp. 11-12. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. pp. 11-12.