EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Contract Repudiation or Breach
Single Topic for Decision 1259E
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602.03000 – Contract Repudiation or Breach
Where letter to employee references appropriate section of CBA and states that "transfer will not be effective until you have had an opportunity, if you wish, to meet with me to discuss the District's reasons for your transfer" and employee does not pursue meeting to discuss transfer, it was not established that District had breached CBA provision by failing to provide employee an opportunity to meet and discuss reasons for the transfer; p. 25. Where District acknowledges policy in CBA but through error or disagreement fails to meet its contractual obligation by incorrectly stating that employee is only qualified for one vacancy, the dispute is over the application of the CBA provision and not the underlying policy embodied in the contract, the action stating that employee only qualifies for one position is not enough to constitute a unilateral change in violation of EERA; p. 26. qualifies for one position is not enough to constitute a unilateral change in violation of EERA; p. 26.