EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Business Necessity; Emergency Exception
Single Topic for Decision 2433M
Full Decision Text (click on the link to view): Full Text
608.03000 – Business Necessity; Emergency Exception
A hospital’s layoff implementation date is not arbitrary when: (1) it is pegged to economic factors external to the hospital’s decision-making authority and beyond its control; (2) the hospital exercises its management prerogative to reduce staff in light of foreseeably lower patient census numbers and a reduction in revenue; and (3) the union never proposed an alternative date for the layoffs based on a different substantive reason other than that cited by the hospital.