Headnote for 2939, 602.03000 – Change in or Deviation from Written Agreement or Policy - California Public Employment Relations Board

EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change in or Deviation from Written Agreement or Policy

Single Topic for Decision 2939E

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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)
602.03000 – Change in or Deviation from Written Agreement or Policy

There are three primary means of establishing that an employer changed or deviated from the status quo: (1) a 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. (Bellflower Unified School District (2021) PERB Decision No. 2796, p. 10.) An employer’s duty to bargain over change in policy does not turn on whether policy was contained in a collective bargaining agreement. (See, e.g., Oakland Unified School District (2023) PERB Decision No. 2875, p. 13 (Oakland); citing Alameda County Management Employees Assn. v. Superior Court (2011) 195 Cal.App.4th 325, 345.)