May 2020

Unfair Labor Practice Not Found: No Significant Impact on the Bargaining Unit After Respondent Implemented Electronic Pay Statements; Longstanding Commission Precedent Has Held That it is a Prerogative of Management to Apply Technological Advances in the Public Sector Workplace and That Such Application is Not a Mandatory Subject of Bargaining; The Parties Successor CBA Contained a Provision Which Required All Employees to Utilize Direct Payroll Deposit; When the Matter is Covered by the Agreement, Further Bargaining on That Subject is Foreclosed Because the Parties Have Fulfilled Their Statutory Duty to Bargain; In His Dissent, Commission Chair Bagenstos Found the Pay Statement Issue to be a Mandatory Subject of Bargaining and That by Failing to Bargain with Charging Party, Respondent Violated PERA.