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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Having made binding commitments regarding educational employees’ ability to work-at-home during the first full school year of pandemic, it was per se illegal for the District to repudiate its commitments. (County of Tulare (2015) PERB Decision No. 2414-M, pp. 29-30 [“a statute that encouraged the negotiation of agreements, yet permitted the parties to retract their concessions and repudiate their promises whenever they choose, would impede rather than promote good-faith bargaining”]; Standard School District (2005) PERB Decision No. 1775, adopting proposed decision 47 at p. 16 [“[t]he repudiation of an agreement (explicit or implied) is virtually the definition of an unlawful unilateral change”].)