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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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Sacramento (2013) PERB Decision No. 2315-M. * * *

The decision, without notice or opportunity to bargain, to add Realtime reporting requirements to the job description for court reporters which mandated use of additional equipment and software, technical knowledge, and customizing the Realtime dictionary, where prior job description required only use of a stenograph machine, constituted a unilateral change in past practices. Court’s requirement that newly hired court reporters provide Realtime reporting was a change in past practice. However, because we have determined that the change was non-negotiable under the Trial Court Act’s scope of representation provisions, the Court’s implementation of the change is not an unlawful unilateral change.