EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Past Practice; Maintenance of Status Quo

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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

The record did not support the District’s claim it had a practice of assigning work opportunities at its discretion. But even if it did, such a history would not privilege the District to continue making such discretionary decisions without bargaining. (County of Kern (2018) PERB Decision No. 2615-M, pp. 6-9 [employer’s changes are consistent with a dynamic status quo only if the changes follow a nondiscretionary pattern of change].) (p. 12.)