SUMMARY
Chapter 6 discusses the duty of public employers and labor organizations to bargain in good faith under Oregon’s Public Employee Collective Bargaining Act and factors used in determining whether a violation of the duty is an unfair labor practice. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 6
DUTY TO BARGAIN IN GOOD FAITH
Noah Barish
Julie D. Reading
Kate Flanagan
Margaret Olney
§ 6.1 INTRODUCTION
§ 6.2 DUTY TO PROVIDE INFORMATION
§ 6.2-1 Nature of the Duty
§ 6.2-2 Factors Used to Determine Violation of Duty
§ 6.2-3 Application of Duty in Context of Arbitration
§ 6.2-4 Remedies
§ 6.3 SUBJECTS OF BARGAINING
§ 6.3-1 Basic Principles
§ 6.3-2 Examples of Mandatory, Permissive, and Prohibited Subjects
§ 6.3-3 Scope of Bargaining
§ 6.4 DUTY TO MEET AND NEGOTIATE IN GOOD FAITH
§ 6.4-1 Scope of Duty
§ 6.4-2 Interim and Midterm Bargaining
§ 6.4-3 Violations of PECBA
§ 6.4-4 Changes to the Identity of a Bargaining Party
§ 6.4-5 Remedies
§ 6.5 BAD-FAITH BARGAINING
§ 6.5-1 Generally
§ 6.5-2 Per Se Violations
§ 6.5-3 Totality-of-Conduct Violations or “Surface” Bargaining
§ 6.5-4 Other Evidence of Bad-Faith Bargaining—Repudiation of Prior Agreements and Regressive Proposals
§ 6.6 UNILATERAL CHANGES
§ 6.6-1 Generally
§ 6.6-2 Employer’s Duty to Give Notice and Bargain
§ 6.6-3 Subcontracting
§ 6.6-4 Changes After a Contract Expires
§ 6.7 WAIVER OF BARGAINING RIGHTS
§ 6.7-1 Generally
§ 6.7-2 Waiver Is an Affirmative Defense
§ 6.7-3 Waiver by Contract Language
§ 6.7-4 Waiver Through Bargaining Conduct
§ 6.7-5 Waiver by Action or Inaction After Notice
§ 6.7-6 Midterm Negotiations and Notice Requirement
§ 6.8 EFFECT OF A REPRESENTATION PETITION ON THE DUTY TO BARGAIN
§ 6.9 SUCCESSOR EMPLOYER AND UNION