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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The parties’ practical construction of a contract, as shown by their actions, is important evidence of their intent. (p. 40.) However, based on a non-waiver clause in the parties’ MOU, the union did not waive its contractual right to meet and confer with the regional committee over the impact of future changes to employee pension contributions simply by doing so previously with one of the trial courts. The Board further declined to consider evidence of the union’s conduct as it related to other regional committees. (pp. 40-41, fn. 31.)