EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Business Necessity; Employer Financial Position

Single Topic for Decision 1972E


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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

District declined to ratify tentative agreement following Governor's office announcement of severe mid-year cuts in education funding. No requirement that a party ratify a tentative agreement. However, the duty to bargain is revived following the rejection of a tentative agreement. District ratification of modified tentative agreement with offer to resume negotiations if the adopted tentative agreement was unacceptable was nothing more than a counter proposal. Contract language required the parties to fund originally negotiated salary increase or whatever portion of increase that could be supported by budget cuts. This language did not require that a salary increase be implemented without further negotiations if sufficient funds were available. The agreement did not establish the actual amount of the salary increase once spending cuts were identified.