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

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Mandatory influenza vaccination is not an issue that tends to create conflict between employees and management that could be resolved through collective bargaining. The subject of influenza vaccinations is not one that divides people along management-union lines, but rather splits people—students, faculty, and staff—into those who can and will get vaccinated versus those who cannot or will not get vaccinated. Thus, the decision to require influenza vaccinations in response to a public health hazard that affects not just employees, but also students and the general population, was not amenable to collective bargaining.