DECISION 9996 (PECB)

Issue 1: Is employee use of unpaid leave a mandatary subject of bargaining?

Issue 2: Did the employer change its established past practice concerning employee use of unpaid leave?

Issue 3: Did the employer provide notice to the union and an opportunity to bargain, before changing its policy concerning employee use of unpaid leave?

Issue 4: Did the union waive its right to bargain through language in the parties’ collective bargaining agreement?

I find that requirements surrounding the use of paid leave and employees’ ability to request unpaid leave are mandatary subjects of bargaining. The employer’s January 19, 2007 e-mails made a change in its established past practice concerning employee use of unpaid leave. The employer failed to notify the union before changing its practice. The employer did not meet its burden of proof to show that the union waived its bargaining rights through language in the collective bargaining agreement.

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By: Lisa A. Hartrich, Examiner
March 5, 2008

James G. McGuinness, for the union.
Robert W. Johnson, for the employer.

Case 21035-U-07-5367

LAH