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

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605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.04000 – Conditional Bargaining

The regional committee committed an unfair practice by designating a trial court as its bargaining representative when doing so precluded the employee organization from negotiating over a subject within the scope of representation: wages. (p. 37.) A party cannot unilaterally determine that the existence of alternative negotiable benefits eliminates its obligation to at least consider in good faith other proposals within the scope of representation. Nor may a party insist on separating one negotiable subject from all others and thereby refuse to discuss the other subjects that may form the basis of a possible compromise. (pp. 36-37.)