EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Impact and Extent

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Even when a decision is not within scope, an employer is obligated to provide the exclusive representative with notice and an opportunity to bargain the effects of the decision on matters within scope. However, the union must demand to bargain the effects of the decision and the demand must clearly identify the negotiable effects. Absent such an identification, the employer has no duty to bargain. With regard to the nature of the identified effect, the Board has ruled that the union must show an actual effect or impact to a negotiable matter. Said another way, a unilateral change that does not actually change a condition of employment is not unlawful.