EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Business Necessity; Emergency Exception

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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.