Once a union is certified or recognised, the employer must bargain in good faith over terms and conditions of employment.
Mandatory subjects. Wages, hours and other terms and conditions of employment — pay, benefits, scheduling, discipline, layoff and recall, safety, and the effects of management decisions on employees. Neither side may insist to impasse on a non-mandatory subject.
Permissive subjects may be discussed but not insisted upon.
Illegal subjects may not be agreed at all.
Good faith requires meeting at reasonable times, exchanging information, and approaching negotiations with an open mind. It does not require agreement or concession. Surface bargaining — going through the motions without intent to reach agreement — is unlawful and is proved from the totality of conduct.
Information requests. The employer must furnish information relevant to the union’s bargaining and contract administration duties. Information about bargaining unit employees is presumptively relevant; other information requires a showing.
Unilateral change. Changing a mandatory subject without bargaining is a violation, subject to a valid impasse, a management rights waiver, or exigency.
Impasse permits implementation of terms reasonably comprehended within the employer’s pre-impasse proposals, and is a genuinely difficult determination.