EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change in Past Practice

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To determine if an employer materially changed terms and conditions of employment, PERB compares the new conditions (including duties, qualifications, and workload) with the status quo and determines if a reasonable employee would find the changes to be material. Past practice is relevant in determining whether reasonable primary care physicians (PCP) who work in state prisons would view their employer’s new requirements as materially changing their qualifications, duties, and/or workload. PCPs’ job descriptions had limited utility given that they do not attempt to detail which medical conditions PCPs must treat on their own versus which conditions they may refer to specialists in whole or in part. (pp. 12-20.)