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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* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

Ground rule agreements represent a contractual obligation for purposes of determining whether a unilateral change from them constitutes a violation; p. 6. The unambiguous terms of the parties' ground rules lead to the conclusion that the state has agreed to released time only for negotiating sessions; p. 7. Temporarily authorizing a higher level of released time than that required by the negotiated ground rules does not create an obligation to continue to do so indefinitely; p. 8.