IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Post-Impasse
Single Topic for Decision 2418M
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900.05000 – Post-Impasse
Bargaining proposals that would waive or limit statutory rights cannot be unilaterally imposed, even after bargaining in good faith to impasse. The Board reversed dismissal of allegation that employer committed a per se violation of the duty to bargain by imposing no strikes and Separability/savings language included in unratified tentative agreements. The statutory scheme for collective bargaining between equal partners prohibits the unilateral imposition of terms that waive or limit the statutory rights of employees and employee organizations, including the rights to engage in concerted activity and to strike. Employer was not authorized to impose unratified tentative agreement waiving the right to strike, even after bargaining in good faith to impasse.