EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Single Topic for Decision 2326E
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605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Adopting the rule set forth in McClatchy Newspaper (1996) 321 NLRB 1386, the Board held that the school district may insist to impasse, in negotiations over a successor collective bargaining agreement, on a bargaining proposal by which it seeks to retain unfettered discretion over decisions to reduce employees’ hours or work year, both mandatory subjects of bargaining; upon reaching impasse, however, the school district may not impose such a proposal as part of its last, best and final offer.