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

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Pursuant to a written grievance settlement, the employer promoted part-time mini-bus drivers to higher time base positions based on seniority. The parties later executed a memorandum of understanding that by its terms superseded all side letters except “grievance resolutions documents.” The language of the MOU, viewed in light of the parties’ bargaining history, showed the MOU did not supersede the grievance settlement. Because the settlement agreement remained in effect, the employer made an unlawful unilateral change when it applied the promotion criteria contained in the MOU to mini-bus drivers without providing the union with notice or an opportunity to request to meet and confer over the change.