EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case

Single Topic for Decision 2504E

View all topics for Decision 2504E

Full Decision Text (click on the link to view): Full Text

An employer may lawfully propose withdrawal of pending grievances and/or unfair practice charges as part of a settlement involving mandatory subjects of bargaining; however, insisting to impasse “in the face of a clear and express refusal by the union to bargain” on the withdrawal of pending grievances or unfair practice charges or conditioning settlement of mandatory subjects on the withdrawal of grievances or unfair practice charges is a per se violation of the duty to bargain. Because employer’s proposal to limit its future liability by re-negotiating the parties’ contract language governing employee hours was within the scope of mandatory subjects for bargaining, the charging party’s allegation of insistence to impasse on a permissive subject of bargaining was dismissed. (pp. 15-16.)