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

Single Topic for Decision 2092E


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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)
602.05000 – New Policy or Application or Enforcement of Existing Policy in New Way

In cases alleging a non-negotiable decision had an effect on work hours, the charging party bears the burden of alleging facts establishing an actual impact on employees’ work hours. The impact must be reasonably certain to occur and causally related to the non-negotiable decision. Consequently, PERB will not find an unlawful unilateral change when the alleged effect on terms and conditions of employment is “indirect and speculative.”