EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain

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Employers cannot assert changed circumstances as a defense to a refusal to bargain. To the extent an employer alleges that changed circumstances render a unit inappropriate, they cannot simply refuse to bargain – they must instead file a unit modification petition. PERB regulations and long-established precedent provide that a unit modification can only be effectuated by either the mutual agreement of the parties or through the filing of a petition and showing changed circumstances. (pp. 17-18.)