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Labor Relations Oversight Body Grants Agency’s Motion To Dismiss
LCW Partner Adrianna Guzman and Associate Attorney Emanuela Tala obtained a victory for an agency after the agency’s labor relations oversight body dismissed an unfair practice charge filed by an employee organization.
In the unfair practice charge, the union argued an agency department engaged in unlawful unilateral action by changing the process by which the department considered a settlement. As a result, the union alleged the agency was no longer settling pending discipline cases. The union contended that this change also interfered in its communications with, and representation of, its members.
On behalf of the agency, LCW argued the union’s charge did not articulate a legal or contractual requirement that the agency considers or offer a settlement of pending discipline charges. LCW also argued that the agency’s new process for considering settlement was a non-negotiable management right that did not affect the wages, hours, or terms and conditions of union member’s employment. The labor relations oversight body agreed and dismissed the charge.
Employers are only required to bargain on actions that have a “significant and adverse effect on the wages, hours, or working conditions of bargaining unit employees.”