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

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Although the collective bargaining agreement language waives the right to negotiate the health carrier, with the parties agreeing instead to consult, the Compensation Article was subject to negotiation during the 2003-2004 school year negotiations as a re-opener. Since the health care carrier language in dispute is part of the Compensation Article, the District should have negotiated the Association's re-opener proposal related to health carriers, even though the proposal did not include an express repudiation of the contract’s waiver language.