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Employer May Not Unilaterally Impose Waiver Of Right To Bargain

In a “meet-and-confer” environment, an employer has the right to break a contract impasse by unilaterally implementing its last best offer. What is not often recognized is that the only thing an employer can implement are changes to issues that are mandatory for bargaining. An employer has no right to unilaterally implement a waiver, as waivers of the right to bargain such as those often found in management rights…

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Court Upholds Constitutionality Of California Factfinding Law

California has a variety of collective bargaining laws, but most employees bargain under the Meyers-Milias-Brown Act. The Act was originally written to call for a meet-and-confer process, after which an employer could unilaterally implement its last best offer. Years later, the California Legislature amended the Act to provide for binding arbitration of negotiations involving public safety employees, but the California Supreme Court struck down the provision, finding it conflicted…

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