Issue 1: Did the employer have an obligation to bargain the transfer of the cottage remodeling and PAT Center flooring projects to contractors outside of the bargaining unit?

Issue 2: Did the union waive its right to bargain the contracting out of the work?

The Commission reverses the Examiner's findings and conclusions and find that the cottage remodeling was bargaining unit work, that the employer had an obligation to bargain, and that the union did not waive its bargaining right. By contracting out bargaining unit work without giving notice of its intent and providing an opportunity for bargaining, the employer violated its statutory bargaining obligation and interfered with the rights of bargaining unit members. However, The Commission affirms the Examiner's conclusions that the PAT Center flooring project was not bargaining unit work.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
April 25, 2008

Edward E. Younglove III, for the union.
Donna J. Stambaugh, for the employer.

Case 20172-U-06-5140

ERC