EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Past Practice; Maintenance of Status Quo
Single Topic for Decision 1078E
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608.05000 – Past Practice; Maintenance of Status Quo
Past practice defense by the District was rejected as the District's defense did not meet the "regular and consistent" past practice test required by Pajaro Valley Unified School District (1978) PERB Decision No. 51; p. 22, proposed dec. Fact that the District had previously changed starting and ending times, and work schedules of maintenance and operations employees without bargaining does not establish waiver of right to bargain over the District's change in schedule for football games outside normal school hours; p. 23, proposed dec. Definitive past practice cannot be established where occurrences of the claim practice are isolated and remote in time. A one time occurrence of a reduction in hours of a vacant position does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec. does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec.