SCOPE OF REPRESENTATION – No-Strike Clause
Single Topic for Decision 1997S
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1000.02093 – No-Strike Clause
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members.