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 2351M
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602.02000 – Prior Notice and Opportunity to Bargain
When an exclusive representative becomes aware of a proposed change after the employer has implemented it, any notice to negotiate is inadequate. The employer violated its duty to bargain by making a firm decision to transfer bargaining unit work and layoff unit employees, and by using direct communications with unit employees to implement that decision, without providing the exclusive representative with adequate notice and meaningful opportunity to bargain.