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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602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

A union can prove an employer changed or deviated from the status quo by showing: (1) deviation from a written agreement or written policy; (2) change in established past practice; or (3) a newly created policy or application or enforcement of existing policy in a new way. The ALJ erred in evaluating whether teachers’ union established a change in the status quo by mistakenly relying on a standard for unwritten past practices, when the resolution requiring the District to provide nine-months’ notice of school closures reflected a written past practice. (pp. 12-13.) The “regular and consistent” or “historic and accepted” standards apply to unwritten past practices; they do not apply if there is a written document reflecting the past and/or new policy. (Pittsburg Unified School District (2022) PERB Decision No. 2833, pp. 10-12 & fn. 6.) Thus, because the resolution establishing the nine-month notice period and the resolution changing it were written policies, the District changed a written policy, implemented a new written policy, and/or enforced an existing policy in a new way.) (pp. 12-13.)