Public Sector Union Waived Lay-Off Effects Bargaining

May 4, 2006 by Beeson Tayer & Bodine

According to a recent decision from PERB, unions that do not carefully frame their requests to bargain over the effects of public employer layoffs may waive their right to bargain with the employer. In IAF v. City of Richmond, 29 PERC 31, the union demanded bargaining over the decision to lay off, and did not explicitly request effects bargaining. PERB ruled that the union had waived the right to bargain over the effects of the lay off. PERB’s decision appears to disregard well-established PERB law that requires a waiver be “clear and unmistakable” and that a request to bargain need not be made in any particular form. The City of Richmond decision arguably changes those principles, stating that any demand to bargain must clearly identify the areas of impact to be negotiated. Although the specificity requirement set forth in this decision has not been uniformly enforced by PERB, unions making effects bargaining demands should take care to specify “areas of impact” — e.g., workload for remaining employees, work schedules, health and safety concerns and the like. Also keep in mind that PERB’s general rule remains that the decision to layoff is itself non-negotiable.

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