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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An employer who makes a preimpasse unilateral change in an established, negotiable practice violates its duty to meet and negotiate in good faith (citation). Such unilateral changes are a failure per se of the duty to negotiate in good faith (citations). An established negotiable practice may be reflected in a collective bargaining agreement (citation) or where the agreement is vague or ambiguous, it may be determined by an examination of bargaining history (citation) or the past practice (citations); p. 12, proposed dec. In order to establish a prima facie case of unlawful unilateral change in or repudiation of, a contract or past practice, the charging party must show: (1) that the respondent has breached or otherwise altered the parties' written agreement or its own established past practice; and (2) that the breach constituted a change of policy having a the parties' written agreement or its own established past practice; and (2) that the breach constituted a change of policy having a proposed dec.