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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Unfair practice charge failed to demonstrate that implementation of furloughs was a unilateral change in policy where the County Board of Supervisors policy regarding mandatory furloughs was clearly established. Past practice will only be considered when necessary to determine an ambiguous policy. Past practice does not trump a clear established policy. Failure to enforce a policy does not mean an employer is forever precluded from doing so. Unfair practice charge failed to demonstrate that implementation of furloughs was a unilateral change in policy where the County Board of Supervisors policy regarding mandatory furloughs was clearly established. Past practice will only be considered when necessary to determine an ambiguous policy. Past practice does not trump a clear established policy. Failure to enforce a policy does not mean an employer is forever precluded from doing so. Union argument that the parties bargaining history and past practice show that the MOU between the parties is plagued by mistake of fact is misplaced where the issue before PERB is not bad faith bargaining, but is the allegation of unilateral change of a County policy that is not set forth in the MOU.