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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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

A binding past practice is one that is “regular and consistent” or “historic and accepted.” The Board found that the District had a “historic and accepted practice” of utilizing the formal public complaint form in cases of public complaints (i.e., those lodged against a unit member by a student, parent, employee, or other member of the public) and that when such a public complaint form was completed the District administrator provided the employee with a copy of it. The fact that the complaint form was not negotiated is irrelevant. The Association was aware of its use and acquiesced in its use. It is well-settled that unwritten past practices may support a charge of unilateral change. (adopting proposed decision at pp. 9-10.)