CASE PROCESSING PROCEDURES; COMPLAINT – Answer or Other Defense/Waiver
Single Topic for Decision 1971M
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1103.05000 – Answer or Other Defense/Waiver
A defense that the other party to negotiations engaged in conditional bargaining is in the nature of an affirmative defense because it essentially alleges an unfair practice. Union did not raise employer’s conditional bargaining as a defense in its answer nor did it move to amend the answer at hearing to include the defense. ALJ properly declined to address the conditional bargaining defense in the proposed decision.