DECISION 9840-A (PECB)

Issue: Did the union fail to make a timely request for bargaining regarding the employer's decision to change the use of employer vehicles by bargaining unit employees?

The Commission affirms the Examiner's decision that the employer did not commit an unfair labor practice when it changed its practice of allowing bargaining unit employees to take home employer-owned vehicles. Although it is well settled that use of employer vehicles is a mandatory subject of bargaining, this record supports the Examiner's findings and conclusions that the union had reasonable notice of the employer's contemplated change but failed to make a timely request for bargaining.

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By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Thomas W. McLane, Commissioner
August 12, 2009

Eric Nordlof, for the union.
Jerry Gates, for the employer.

Case 20085-U-06-5111

ERC