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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A “zero tolerance” drug testing policy not mandated by federal law that required dismissal of bus drivers if they refused to submit to an alcohol or drug test constituted a change in past policy and practice which required progressive discipline. The “safety” exception to progressive discipline was not applicable to the employee’s refusal to disrobe during a drug test, as it did not threaten or expose to danger students, employees or District property.