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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Charge failed to establish a past practice that the employer paid 100% of employees’ health benefit premiums. The collective bargaining agreement set the employer’s premium contribution rate at 100% of a particular health plan’s rate; it did not require the employer to maintain a certain level of health benefits. Nor did the employer pay 100% of premiums for every possible plan offered to employees. Accordingly, the employer did not make an unlawful unilateral change when it deducted the amount of a health benefits premium increase from employees’ paychecks during negotiations following expiration of the agreement.