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 1455E
Full Decision Text (click on the link to view): Full Text
602.06000 – Change in Past Practice
An employer does not commit an unlawful unilateral change when its actions are consistent with previously unenforced provision of the collective bargaining agreement; p. 3. Marysville Unified School District (1983) PERB Decision No. 314 does not apply here, because there were no prior incidents from which AFT could claim a waiver of the unenforced right upon which a unilateral change would be based. There was no unilateral change; the District was instead enforcing the provisions of the CBA, albeit for the first time; p. 3.