EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – New Policy or Application or Enforcement of Existing Policy in New Way

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Association fails to establish as one of its prima facie elements of a unilateral change, that District's decision to grant a temporary release for one employee constituted a change in policy. While an employer's established policy may be embodied in the terms of the collective bargaining agreement itself, where the contract is silent or ambiguous as to such a policy, that policy must be ascertained by examining past practice or bargaining history; pp. 10-11. The clear and unambiguous language of the contract establishes that it is the policy of the District to grant temporary absences for non-teaching employees provided the employee obtain prior approval from the site administrator. Therefore, it is unnecessary to go beyond that language to ascertain a contrary interpretation in the absence of supporting factual allegations by the Association; p. 11. absence of supporting factual allegations by the Association; p. 11.