IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Post-Impasse
Single Topic for Decision 2414M
Full Decision Text (click on the link to view): Full Text
900.05000 – Post-Impasse
* * * VACATED IN PART ON OTHER GROUNDS by County of Tulare (2016) PERB Decision No. 2414a-M. * * *
While employers are privileged to impose terms and conditions of employment on a prospective basis they cannot do so retroactively nor impose terms that abrogate outstanding obligations under an existing agreement. Parties to an agreement may expressly agree to limit an employer’s right to impose terms at impasse, or impliedly achieve that same result by agreeing to terms and conditions that do not mature until after the agreement has expired. Where the parties have agreed that contractual rights will survive expiration of their agreement, the employer may not impose terms and conditions that abrogate those rights.