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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To apply the “reasonably comprehended” standard to determine whether an employer materially changed duties or assignments, PERB compares past duties or assignments to new duties or assignments, through the eyes of a reasonable employee. (p. 8.) Because there were one or more contested, outcome-determinative facts (or mixed questions of law and fact), PERB directed the Office of the General Counsel to issue a complaint alleging that the County violated the MMBA by materially changing Clinical Nurse job assignments without providing the nurses’ union notice and an opportunity to meet and confer.