EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Conditional Bargaining

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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.)