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Good Faith Bargaining

When an agency and an exclusive representative negotiate, they are required to do so with a sincere resolve to reach a collective bargaining agreement. This statutory requirement is referred to as good faith bargaining.

  • Parties are obligated to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate any condition of employment.
  • Parties are obligated to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays.
  • Upon request, an agency is obligated to furnish to the exclusive representative involved, or its authorized representative, data necessary for negotiation. This would include data that is normally maintained by the agency, which is reasonably available and necessary for negotiation. This data does NOT include advice, counsel or training provided to management officials or supervisors, relating to collective bargaining.
  • If agreement is reached, execute a written document embodying the agreed terms and take such steps as are necessary to implement the agreement.
  • An agreement between an agency and an exclusive representative is subject to approval by the head of the agency. The head of the agency has 30 days from the date the agreement is executed to approve the agreement.
  • Violations of the duty to bargain in good faith could result in unfair labor practices.

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Last Modified 9/19/2013