SCOPE OF REPRESENTATION – Lay-Offs
Single Topic for Decision 2115S
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1000.02076 – Lay-Offs
Charge failed to state facts sufficient to establish a prima facie case of refusal to bargain over the area of layoff related to the closure of two juvenile facilities. By giving notice more than four months before the planned implementation date, the State afforded the union ample opportunity to negotiate over the effects of the layoff, including the area of layoff. Implementation of the nonnegotiable decision to lay off employees prior to the completion of negotiations over the effects of the layoff is permissible where the decision to implement was not arbitrary, the employer gave sufficient notice of the implementation date to provide for meaningful negotiation, and the employer continues to negotiate in good faith.