DECISION 9956 (PECB)

Issue 1: Was the employer’s decision to change the layout and configuration of the employee work stations a mandatory subject of bargaining?

Issue 2: Did the employer provide notice to the union of the employer’s reconfiguration decision?

Issue 3: Did the union waive, through inaction, its right to bargain any effects of the reconfiguration decision?

Under the Commission’s balancing test, the employer’s reconfiguration decision was a permissive subject of bargaining. The employer provided notice to the union of the employer’s decision. Through inaction, the union waived its right to bargain any effects of the decision. The Examiner dismisses the complaint.

For the full decision, click here.

By: Paul T. Schwendiman, Examiner
February 1, 2008

Aaron D. Jeide, for the union.
Kathleen O’Hanlon, for the employer.

Case 20542-U-06-5231

PTS