EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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A unilateral change in terms and conditions of employment within the scope of representation is a per se refusal to negotiate; p. 9, proposed dec. To demonstrate a unilateral change, the charging party must first establish the "status quo." This is done by reference to: (1) the party's CBA; or (2) a showing of the employer's: (a) pattern of activity, or (b) past practice with regard to negotiable subject at issue. The charging party must then show that the employer has, without first providing an opportunity to negotiate, deviated from that CBA provision, pattern of activity or past practice; pp. 9-10, proposed dec. Under EERA section 3541.5(b) the Board has authority to resolve an unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB