April 26, 2013

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

By Therese Norton

Bargaining 2
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.

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