SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated
Single Topic for Decision 1863E
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1000.01000 – In General; Test for Subjects Not Specifically Enumerated
A permissive subject is not transformed into a mandatory subject solely on the basis that it is incorporated into a collective bargaining agreement. Accordingly, it is not an unfair practice for an employer to repudiate a contractual provision containing a permissive subject of bargaining because the employer does not have a duty under EERA to negotiate that term.