EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General
Single Topic for Decision 1225E
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602.01000 – In General
To prevail on a complaint of unilateral change, the charging party must establish by a preponderance of the evidence that: (1) the employer breached or otherwise altered the parties' written agreement or its own established past practice; (2) such action was taken without giving the exclusive representative notice or an opportunity to bargain over the change; (3) the change is not merely an isolated breach of the contract, but amounts to a change of policy (i.e., having a generalized effect or continuing impact on bargaining members' terms and conditions of employment); and (4) the change in policy concerns a matter within the scope of representation. (Proposed decision at 7-8, citing Grant Joint Union High School District (1982) PERB Decision No. 196; Pajaro, supra; and Davis Unified School District, et al. (1980) PERB Decision No. 116. Unified School District, et al. (1980) PERB Decision No. 116.