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When management wants to make a change affecting
unit employees conditions of employment, the union may be entitled to negotiate on
the substance of the change itself (substantive bargaining) or may be precluded from doing
so because of law, rule, regulation, or management rights. Even where the union cannot
bargain on the change itself, management must give the union reasonable advance notice of
the proposed change and the right to request impact and implementation (I & I)
bargaining. This type of bargaining concerns procedures that management will use to
implement the proposed change and appropriate arrangements for employees adversely
impacted by the change. |
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Management is normally required to give
sufficient written notice to the appropriate union representatives of the proposed change
and be available, upon request, to bargain over the change prior to its effectuation. If
the union does not respond, or does not respond in a timely fashion, it has waived its
right to bargain and the proposal can be implemented as outlined in the formal
notification. If the union does request negotiations, management must, to the extent
possible, maintain the status quo until agreement is reached through the negotiating
process. |