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

Single Topic for Decision 1247S

View all topics for Decision 1247S

Full Decision Text (click on the link to view): Full Text

* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past contract expiration. * * *

Upon expiration of a contract, the employer must maintain certain terms and conditions of employment embodied in that contract until such time as bargaining over a successor agreement has been completed; p. 3. Employer's actions following expiration of the agreement do not "supplant" the agreement; pp. 3-4. Merely because the State had not chosen to enforce its contractual rights in the past does not mean that it is forever precluded from doing so; p. 5, partial dismissal letter.