EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General
Single Topic for Decision 0876E
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602.01000 – In General
To state a prima facie case of a unilateral change the charging party must allege facts sufficient to establish: (1) the employer breached or altered the parties' written agreement or own established past practice; (2) such action was taken without giving the exclusive representative notice or an opportunity to bargain over the change; (3) the change is not merely an isolated breach of the contract, but amounts to a change of policy (i.e., has a generalized effect or continuing impact upon bargaining unit members' terms and conditions of employment); and (4) the change in policy concerns a matter within the scope of representation; p. 8. A unilateral change in established policy, whether embodied in the contract or evident from the parties' past practice, cannot be established unless the allegations identify facts evidencing a conscious or apparent reversal of a previous understanding; p. 11. established unless the allegations identify facts evidencing a conscious or apparent reversal of a previous understanding; p. 11.