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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A unilateral change to a matter within the scope of representation is a per se violation of the duty to meet and confer in good faith. To establish a prima facie unilateral change violation, the charging party must prove that: (1) the employer took action to change policy; (2) the change in policy concerns a matter within the scope of representation; (3) the change has a generalized effect or continuing impact on represented employees’ terms and conditions of employment; and (4) the employer reached its decision without first providing advance notice of the proposed change to the employees’ union and negotiating in good faith at the union’s request, until the parties reached an agreement or a lawful impasse. (pp. 26-27.)