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

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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

The District deviated from the status quo, changed established past practice, and/or enforced existing policy in a new way because it asserted a non-existent legal right to decide for itself whether the salary schedule agreement incorporated into the CBA was a binding contract and whether related disputes were arbitrable. The District manifestly retained for itself sole discretion to determine the arbitrability of future grievances. Although the District’s conduct in refusing to arbitrate the grievance amounted to a unilateral change, its outright repudiation of the salary schedule provision constituted an alternative basis for finding liability. (Centinela Valley Union High School District (2014) PERB Decision No. 2378, p. 8; Stanislaus Consolidated Fire Protection District (2012) PERB Decision No. 2231-M, p. 17.)