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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When considering the meaning of ambiguous contract language—including if a respondent asserts an MOU-based defense—PERB considers past practice as one interpretive tool even absent a practice that is “regular and consistent” or “historic and accepted.” (County of Merced (2020) PERB Decision No. 2740-M, p. 13, fn. 9.) (p. 13, fn. 4.)