Question

Under what circumstances can an employer act unilaterally?

Answer 1

There are three major circumstances in which an employer can act unilaterally :

Waiver : An explicit waiver of rights to negotiate a proposed change by the employee mentioned in the terms and conditions of employment wherein employee exclusively agrees to waive his or her right to bargain, then the employer in such circumstances can act unilaterally if such waiver is mentioned in clear and unambiguous language.

Necessity : The another circumstance where an employer can act unilaterally is incase of necessity. Certain operational necessity might make unilateral action justifiable. For justifying a unilateral act by the employer, the "necessity" must be unavoidable outcome or consequence of certain unforeseeable action or a sudden change in employment conditions which are beyond the employer's control.

Expiration of prior contract :

On the expiration of the prior contract or agreement, the employer can alter the conditions and act unilaterally without needing to bargain with the Union.

Besides these elements, all those subject matters which do not fall within the scope of bargaining can be decided unilaterally as they tend to fall outside the scope of representation.

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