REPRESENTATION ISSUES; UNIT MODIFICATION – In General

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Evidence that is not newly discovered or previously unavailable, i.e., evidence that could have been presented in the underlying unit determination proceeding, is not an appropriate defense to a technical refusal to bargain. To the extent an employer claims true changed circumstances consistent with PERB Regulation 32781, it cannot simply refuse to bargain; it is instead required to pursue a unit modification petition under PERB Regulation 32781. (pp. 20-21.)