Labor Relations: The Meet and Confer Process

 Broad contractual management rights provisions that, for example, reserve to the agency “the exclusive right to assign employees” or “to issue and enforce rules and regulations” do not constitute the requisite clear and unmistakable waiver by the union of the right to meet and confer that would allow the agency to make a unilateral change to negotiable subjects. 78  A union’s silence in negotiations on an issue previously in dispute does not constitute waiver of the union’s right to negotiate on that issue during the term of the contract. 79  A unilateral change to a mandatory subject without bargaining creates intolerable working conditions. 80  PERB has no jurisdiction to remedy an alleged violation of the collective bargaining agreement unless the violation also constitutes an unlawful unilateral change. Change in the application of the Personnel Rules, which did not result in a rule or policy change, fails to establish a prima facie case of a unilateral change. 81  A subsequent offer to meet and confer cannot cure an alleged unlawful unilateral change. 82  The good faith obligation requires that the employer maintain the status quo as to wages, benefits and working conditions during negotiations on a new agreement after expiration of the predecessor agreement. The status quo includes what was in the expired contract. 83  After the expiration of the contract, the employer may not make a change in terms and conditions of employment, but an arbitration provision will not be extended to require arbitration of post-expiration disputes, unless drafted to require extension of that provision. 84  Agency’s refusal to make a concession on its proposal that firefighter schedules be changed to eight hour shifts is not bad faith. Totality of conduct indicated legal hard bargaining - not illegal bad faith. 85  Adamant insistence on a bargaining position does not equate to a refusal to bargain, or violate the duty to bargain in good faith. 86  Seeking across-the-board concessions from multiple bargaining units is not bad faith bargaining. However, an agency may not engage in coalition bargaining, refusing to bargain unless the bargaining units meet jointly or conditioning the settlement of one contract on the settlement of another. 87

2. Unilateral Action During Negotiations After Expiration of Agreement

3. Refusal to Make Concession

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 15