EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change In Policy

Single Topic for Decision 2143M


View all topics for Decision 2143M

Full Decision Text (click on the link to view): Full Text

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

Employer committed an illegal unilateral change in the grievance procedure where it refused to process a grievance filed by the union in its own name. Under the MMBA a union has a statutory right to file a grievance in its own name that can only be limited by clear and unmistakable waiver. The Board found that the parties’ MOU did not contain a “clear and unmistakable prescription that an individual employee must be the grievant, or a clear and unmistakable proscription that the Union itself may not be the grievant.”