EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

Single Topic for Decision 2109H

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* * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

It is not an unlawful unilateral change for the employer to enforce the written terms of the MOU. No prima facie case for unilateral change in policy or practice where the union failed to allege conduct by the employer that was inconsistent with the terms of the MOU.