EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Adequate Prior Notice and Opportunity to Bargain

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Irrespective of whether an employer provides formal notice or relies on actual notice, such notice is only adequate (sometimes referred to as “sufficient” or “reasonable”) if: (1) the person receiving formal notice or obtaining actual notice is a union official with authority to act on behalf of the organization on the matter in question; (2) the union official recognizes, or reasonably should recognize, the change in or potential impact on a bargainable topic; and (3) there remains sufficient time for the union to consult with bargaining unit members, formulate a plan of action, draft information requests and receive responses, craft counterarguments and/or proposals, and bargain in good faith to impact or agreement before the employer reaches a firm decision (for bargainable decisions) or begins implementation (for decisions outside the scope of representation that have bargainable effects). Thus, the amount of notice that is sufficient will necessarily depend on the circumstances of each case, and parties would do well to err on the side of caution rather than assuming that only a particular amount of time is all that the law requires. (pp. 23-24.)