EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Contract Repudiation or Breach
Single Topic for Decision 2423M
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602.03000 – Contract Repudiation or Breach
A Public Defender may not implement changes in a CBA provision that grants a union the right to choose its representatives without first obtaining the consent of the union, whether the parties have agreed to a “zipper clause” or not. When parties’ past practice conflicts with the wording of their CBA, each party still maintains the right to adhere to and enforce the contractual language of the CBA.