EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – When Duty Arises/Sufficiency of Bargaining Demand
Single Topic for Decision 2385E
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601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
Once an employer makes a firm decision to act on a matter within its managerial prerogative, a duty arises to provide the exclusive representative with notice and an opportunity to negotiate the effects of that decision. An exclusive representative need not recite a formulaic phrase, but may express its request in any form that conveys its desire to meet and confer or negotiate about a matter within the scope of representation. Before an employer may refuse to negotiate after receiving an effects bargaining demand, it must attempt to clarify through discussions with the union any uncertainty as to what is proposed for bargaining and whether it falls within the scope of representation. Once the District made a firm decision to close the school site and, subsequently, received a valid effects bargaining demand, the duty to bargain in good faith over the effects of that decision arose. Even if the classified positions to be abolished by the action taken at the school board meeting did not result in layoffs, reductions in work hours, reductions in pay, or the closing of the school site, the District was still required to meet with the union to seek clarification.