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

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608.06000 – Management-Rights Clause; Management Prerogative

Decision to furlough employees was not a fundamental management decision over which city was not obligated to bargain, where is clear that city viewed the matter to be within the scope of representation and decision was not aimed at affecting the quality, nature or level of service to the public, but rather to save money by reducing employee wages. General language authorizing city to determine the size and composition of its workforce and to assign work does not clearly and unmistakably waive union’s right to bargain over the reduction in wages and hours imposed by the implementation of furloughs. Ratification of temporary furlough plan by city council did not authorize unilateral implementation of furloughs, since nothing in the MMBA vests ultimate authority with local governing bodies to use their legislative authority, through the budget approval process, to relieve covered employers from their bargaining obligations.