REPRESENTATION ISSUES; UNIT MODIFICATION – Change in Circumstances
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1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.02000 – Change in Circumstances
1310.02000 – Change in Circumstances
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.)