EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – New Policy or Application or Enforcement of Existing Policy in New Way

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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.