2010AP582 Washington County v. WERC

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Labor
Duty of good faith

A government employer does not have a unilateral duty to disclose to the Union that it is considering privatizing some positions.

“The language of the 2007-08 collective bargaining agreement clearly gave the County the right to subcontract. Specifically, the ‘management rights’ article states that ‘[t]he County retains and reserves the sole right to … lay off employees [and] to contract out for goods or services.’ The Union had the right to ask the County during negotiations whether any changed circumstances might arise during the term of their next agreement. Had the Union done this, it could have sought to change the existing subcontracting language, but the record indicates that the Union never brought up the issue of subcontracting during negotiations. If in fact the Union did raise the issue during negotiations, it had a duty to provide WERC with this evidence. Because the Union provided no evidence that it raised the issue of subcontracting during negotiations, the Union’s silence indicates that it assented to the subcontracting language.”

“We note that the Union knew the County was exploring cost-saving measures as the County notified the Union during a negotiating session that the County was laying off five Union members. The County’s decision to subcontract therefore should not have come as a surprise to the Union. The Union had notice and an opportunity to voice its concerns at the bargaining table and it did not.”

Reversed.

Recommended for publication in the official reports.

2010AP582 Washington County v. WERC

Dist. II, Washington County, Malloy, J., Reilly, J.

Attorneys: For Appellant: Pirkey, Nancy L., Waukesha; Aziere, Joel S., Waukesha; For Respondent: Rice, David C., Madison; Finkelmeyer, Corey Francis, Madison

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