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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When an employer owes a duty to meet and discuss, the employer must consider the exclusive representative’s proposals but is not bound to attempt in good faith to reach a negotiated written agreement. Although the Board determines whether an employer has satisfied this obligation on a case-by-case basis, it recognizes the following three touchstones in its analysis: (1) notice before the employer’s decision is final or implemented, (2) reasonable time and opportunity for meeting and discussing, between the notice and the final decision or implementation, and (3) good faith conduct in listening to and considering proposals.