EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Conditional Bargaining
Single Topic for Decision 2418M
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605.04000 – Conditional Bargaining; Piecemeal or Fragmented Bargaining
An employer may condition agreement on no strikes language by insisting, even to the point of impasse, on including a no strikes clause in the agreement. However, because a no strikes clause waives or limits statutory rights, an employer may not unilaterally impose such language, even after bargaining in good faith to impasse.