EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Prior Notice and Opportunity to Bargain
Single Topic for Decision 2321M
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602.02000 – Prior Notice and Opportunity to Bargain
The employer has a duty to provide reasonable notice and an opportunity to bargain before it implements a decision within its managerial prerogative that has foreseeable effects on negotiable terms and conditions of employment. “Reasonable” notice is one which is clear and unequivocal and which clearly informs the employee organization of the nature and scope of the proposed change. Once having reasonable notice and an opportunity to bargain before the employer implements a decision within its managerial prerogative that has foreseeable effects on negotiable terms and conditions of employment, the union must demand to bargain the effects or risk waiving its right to do so. The union’s demand must identify clearly the matter(s) within the scope of representation on which it proposes to bargain, and clearly indicate the employee organization’s desire to bargain over the effects of the decision as opposed to the decision itself. Where a union alleges that the employer did not provide reasonable notice and an opportunity to bargain prior to the employer’s implementation of a change in a non-negotiable policy having a reasonably foreseeable impact on a matter within the scope of representation, a prima face case of failure to bargain in good faith is established. A union’s duty to request effects bargaining arises upon an employer’s providing notice and an opportunity to bargain. Where an employer implements without providing the requisite notice and bargaining opportunity this conduct by itself violates the employer’s statutory duty to meet and confer, whether or not the union thereafter makes a demand for effects bargaining.