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

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A single contract breach qualifies as a deviation from the status quo, change in established past practice, and/or enforcement of existing policy in a new way, if either of two circumstances are present: (1) the contract breach changes a policy or employment term applicable to future situations; or (2) the employer acts unilaterally based upon an incorrect legal interpretation or insistence on a non-existent legal right that could be relevant to future disputes. (Regents of the University of California (Davis) (2010) PERB Decision No. 2101-H, p. 25; Hacienda La Puente Unified School District (1997) PERB Decision No. 1186, p. 4 [finding unilateral change because there was “no evidence to suggest” that the employer would in the future refrain from taking similar actions]; see also, e.g., San Bernardino Community College District (2018) PERB Decision No. 2599, p. 8; City of Davis (2016) PERB Decision No. 2494-M, p. 32; County of Santa Clara (2015) PERB Decision No. 2431, p. 19; County of Riverside (2003) PERB Decision No. 1577-M, p. 6.)