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

Single Topic for Decision 2852H


View all topics for Decision 2852H

Full Decision Text (click on the link to view): Full Text

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

A union can prove that an employer changed or deviated from the status quo by showing: (1) deviation from a written agreement or written policy, (2) a change in established past practice, or (3) a newly created policy or application or enforcement of existing policy in a new way. UC Santa Cruz’s September 27, 2019 letter set the status quo against which the Board measured the policy change announced in UC Santa Cruz’s November 25, 2020 letter, viz., the action alleged in the complaint to constitute the unlawful unilateral change. The September 27, 2019 letter acknowledged there were “many employees on campus with multiple staff or academic appointments which cross bargaining units and FLSA statuses.” However, nowhere in the September 27, 2019 letter did UC Santa Cruz indicate it was considering a prohibition against concurrently holding a non-exempt staff position and an exempt academic position. But its November 25, 2020 letter announced just such a policy, thereby changing the status quo. (pp. 10-11.)