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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The decision whether to offer certain courses beyond the state’s minimum instructional requirements is also outside the scope of representation. An employer therefore may unilaterally decide to reduce, expand, or cancel classes held outside the regular school year, subject to a duty to bargain the effects of such a decision. However, when an employer elects to move courses from one non-mandatory session to another non-mandatory session and in doing so alters distribution of workdays, holidays, and workload as it did here, it must provide affected employees’ exclusive representative adequate notice and an opportunity to bargain over both the decision and its effects. (pp. 4-5.)