EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General
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602.01000 – In General
To establish a prima facie case of an unlawful unilateral change, the charging party must show: (1) the employer took action to change policy; (2) the change in policy concerned a matter within the scope of representation; (3) the action was taken without giving the exclusive representative notice or opportunity to bargain over the change; and (4) the action has a generalized effect or continuing impact on terms and conditions of employment. (pp. 9-10.)
PERB has recognized three general categories of unilateral changes: (1) changes to the parties’ written agreement; (2) changes in established past practice; and (3) newly created policy or application or enforcement of existing policy in a new way. (p. 9.)
Reductions in work hours constitute a change in policy. (p. 10.)