NotificObligat

Management has a duty to give adequate prior notice to the union of changes in conditions of employment. Failure to do so is, by itself, an unfair labor practice.

Notice of proposed changes in conditions of employment must be "adequate." What constitutes "adequate" prior notice will vary depending on the nature of the proposed change. The probable impact of a major reorganization, for instance, is greater than the probable impact of a decision to schedule the downgrading of two positions after they are vacated. The former warrants earlier notice than the latter. One should distinguish between the notice given the union of a proposed change in working conditions and a notice given to the union at impasse of an intent to implement management's last best offer. The latter notice must be adequate to give the union an opportunity to invoke the services of the Federal Service Impasses Panel, should the union elect to do so. It takes little time for the union to do this.

It is customary for the union to designate the representatives entitled to act as their agents. Where a proposed change in conditions of employment is limited to employees in a particular district or region, it is reasonable, in absence of negotiated arrangements and established practices to the contrary, to notify the union representative servicing the district or region.

There is no requirement that the notice be in writing. Many proposed changes are quite straight forward, limited in impact (although nonetheless meeting the "substantial" impact test), and need to be implemented with dispatch. Notice and bargaining, if any, can be accomplished by means of a telephone call or a meeting--either a meeting called for the purpose or at a regularly scheduled union-management meeting. The greater the degree of formality in day-to-day transactions with the union, the longer it takes to complete the notice/bargaining process. Whether the parties find such informal dealings acceptable depends, in part, on the character of the relationships. Where there is mutual trust and where oral understandings are treated with the same deference as written agreements,the parties are apt to prefer informal dealings.

Once adequate notice is given to an appropriate union representative, the burden is on the union to request bargaining. Normally, collective bargaining agreements contain provisions setting time limits for union responses to management initiated changes in conditions of employment. Further, these provisions normally will state that a union will have waived its right to negotiate a change in conditions of employment if it fails to respond within the established time frames, barring a request for an extension. If that happens, management may implement the proposed change without bargaining. Other provisions may provide the union with a reasonable period of time in which to respond to management initiated changes. In those cases, the union has more latitude in how long it takes to respond.

Union bargaining requests need not be accompanied by specific proposals. However, a general bargaining request should promptly be followed up with specific union proposals that directly relate to the proposed change.