EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change in Past Practice
Single Topic for Decision 2490M
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602.06000 – Change in Past Practice
Charging party failed to prove its prima facie case that public employer unilaterally eliminated an established practice of providing flexible schedules for bargaining-unit employees with child care responsibilities, where evidence failed to show that practice was known to and condoned by any manager besides a low-level supervisor who admittedly acted outside her authority when approving schedule changes. Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations.