EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

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The obligation to maintain the status quo on matters within the scope of representation following certification of a successor organization, attaches only to those matters which are mandatory subjects. Including an agreement on a non-mandatory subject within a Memorandum of Understanding (MOU) does not convert the non-mandatory subject into a mandatory subject. Nor does an agreement regarding a non-mandatory subject become part of the “status quo” which an employer must maintain while meeting and conferring for a successor MOU.