EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Decision vs Effects Bargaining

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An employer must provide notice and a meaningful opportunity to bargain over the reasonably foreseeable effects of its decision before implementation, just as it would for a decision involving a mandatory subject of bargaining. Once the union receives proper advance notice, it must demand to bargain effects or risk waiving its right to do so. The union’s demand must clearly communicate its desire to bargain over the effects of the decision, as opposed to the decision itself, and identify the matters within the scope of representation that it proposes to bargain. A union is not required to demand to bargain effects where an employer fails to provide notice prior to implementing the change. (p. 42.)