EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Management-Rights Clause; Management Prerogative

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608.06000 – Management-Rights Clause; Management Prerogative

The charge failed to state a prima facie case for unlawful unilateral change, where the alleged changes were outside the scope of representation. Union alleged the employer made changes in practice by eliminating nine regular court interpreter assignments and leaving vacancies in daily as-needed assignments unfilled. The Court Interpreter Act specifically provides that the “delivery of court services” is outside the scope of representation, and the Board has held that an employer’s determination of staff or service levels is not within the scope of representation. A matter outside scope does not become a mandatory subject of bargaining because the parties negotiate over it or even reach an agreement. No unilateral change violation where employer’s actions were consistent with the terms of the collective bargaining agreement (CBA). Where the union alleged that the employer unilaterally changed procedures for filling regular full-time assignments, the Board agent appropriately harmonized provisions of the CBA regarding the application of seniority and the employer’s authority to determine the number of employees in any status. When interpreting a CBA each provision must be read in conjunction with those around it and harmonized as a whole, so as to not leave any of the terms without meaning.