PERC Finds that Unilateral Implementation Following Negotiation with a Fixed Outcome is an Unfair Labor Practice

By Therese Norton

In Yakima Valley Community College,11326-A (PECB, 2013), the Commission found that the employer breached its good faith bargaining obligation when it unilaterally implemented its proposal, after it approached bargaining with a fixed outcome in mind to reduce wages. Contrary to the employer’s assertions that it was bargaining under budgetary terms imposed by the Legislature, the Commission found that the parties were not at a good faith impasse in bargaining and that unilateral implementation was not warranted because there was time to bargain the impact of the reduction of the employer’s budget on the bargaining unit.  Therefore, it concluded, the employer acted improperly when it unilaterally implemented a temporary change to employee wages and work hours. 

The Commission acknowledged that the Legislature reduced the employer’s budget, but it did not mandate that employee salaries be reduced.  The Legislature, it found, gave the employer the discretion to effectuate the reduction in the employer’s budget.  Yet here, the employer approached the union with a pre-determined outcome to reduce wages and work hours. 

The Commission explained, “[t]he obligation to bargain in good faith encompasses a duty to engage in full and frank discussions on disputed issues, and to explore possible alternatives, if any, that may achieve a mutually satisfactory accommodation of the interests of the employer and employees.”  The parties do not have to agree, however, they may not enter negotiations with a “take-it-or-leave-it” attitude. 

The Commission also explained that neither party may impose a deadline by when to complete bargaining.  Here, the employer declared impasse under the premise that it had to have a budget in place prior to July 1, 2011.   The Commission found that this was not a “hard” deadline; time for meaningful bargaining still existed.   

The The Commission further found that the Examiner properly restored the status quo ante by reinstating the wages, hours and working conditions that existed prior to the unilateral change.  In addition, given the reduction in the employer’s budget and the protracted negotiations to reach an initial collective bargaining agreement, the Commission also encouraged the parties to promptly return to the bargaining table.