In a unionized department, a public employer is required to give to employee bargaining representatives (unions) both notice and an opportunity to request bargaining before unilaterally establishing or changing policies that impact mandatory subjects of bargaining, including layoffs.

Only when such bargaining duty is fulfilled or when the union indicates that it does not want to bargain by either explicitly indicating so by waiver or by inaction, is the employer free to implement its proposed staffing reduction. The bargaining obligation is satisfied when the matter in dispute is negotiated to the point of resolution or impasse.