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

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Under PERB precedent, the Board must interpret collective bargaining agreements according to their plain meaning if the language is clear. In this case, the settlement agreement and parallel CBA provisions clearly require the parties to negotiate wages, hours and working conditions. Although neither the JPA bylaws nor the CBA mention Social Security and PERB, the unit employees’ participation in those retirement benefits is the undisputed status quo. The District argues that since it has taken no action, the issue of unilateral change is not ripe for Board resolution. However, when the District conducted the election, published its intent to send the results to the JPA board of directors and to PERS without negotiating first with CSEA, and sponsored non-unit employees into the JPA, CSEA had actual notice of the District’s intent to make the change.