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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Although insufficient notice is an element of the prima facie case, and therefore part of the charging party’s burden for proving a unilateral change allegation, where the facts demonstrate, or the employer admits, that no formal notice was provided to the representative, the burden is the employer’s to prove its affirmative defense of waiver, and not the union’s to prove lack of notice as part of its prima facie case. However, if the employer establishes that the union obtained actual notice, the union has the burden of proof as to the temporal sufficiency or insufficiency of such actual notice. (pp. 24-25.)