EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Time of Implementation

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Individual courts unilaterally implemented employee pension contribution changes while their Regional Committee and the exclusive representative were negotiating over the effects of those changes. The courts could not implement the changes until the negotiations resulted in an agreement or a good faith impasse unless the implementation date was based on an immutable deadline or an important managerial interest, such that a delay in implementation beyond the date chosen would effectively undermine the employer’s right to make the nonnegotiable decision. (pp. 48-49.)