EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

Single Topic for Decision 2694M

View all topics for Decision 2694M

Full Decision Text (click on the link to view): Full Text

An employer’s unilateral change violates the duty to bargain in good faith where: (1) the employer took action to change existing policy; (2) the policy change 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 change has a generalized effect or continuing impact on terms and conditions of employment. (City of Davis (2016) PERB Decision No. 2494-M, p. 18, citing Fairfield-Suisun Unified School District (2012) PERB Decision No. 2262, p. 9.) In order to satisfy the first element, a charging party generally must show at least one of the following: (1) changes to the parties’ written agreements; (2) changes in established past practices; or (3) newly created policies, or application or enforcement of an existing policy in a new way. (County of Monterey (2018) PERB Decision No. 2579-M, p. 10; Pasadena Area Community College District (2015) PERB Decision No. 2444, p. 12, fn. 12; Davis, supra, PERB Decision No. 2494-M, pp. 30-31.)