management Rights

What is the "duty to bargain in good faith"?

The "duty to bargain in good faith" states that management shall inform the union of any substantive change in conditions of employment and provide it with reasonable time to present its views and recommendations regarding the changes. If any views or recommendations are presented, management must take them into consideration before taking final action on any matter and provide the union with a written statement of the reasons for taking the final action [§7117].

 

The requirement to negotiate in good faith is also discussed in §7114 and it states that both employers and union representatives are obligated to:

  

  • Approach the negotiations with a sincere resolve to reach a collective bargaining agreement

  • Send representatives to the negotiations who are prepared to discuss and negotiate any condition of employment  

  • Meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays

  • Provide data/information relevant to negotiations

  • Implement agreements, when they are reached

 

Please note that while the Statute requires negotiating in good faith, it does not require that either side agree to proposals that would infringe upon their rights or that would negatively affect the public interest.

Learn More