EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Generalized Effect or Continuing Impact

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A charging party satisfies the element of demonstrating that a policy change has a generalized effect or continuing impact if the challenged decision or action alters a term or condition of employment on a prospective basis or if the respondent asserts a non-existent right to continue or repeat the action in the future. (West Contra Costa Unified School District (2023) PERB Decision No. 2881, pp. 15-16.) The permanent nature of the apprenticeship program, and the fact that apprentices stay in the program for two years, easily establishes that mentoring is a working condition with a continuing impact. Moreover, the University’s conduct and arguments show there is a substantial risk it may continue and/or repeat the same or similar conduct. (Regents of the University of California (2023) PERB Decision No. 2852-H, p. 17.) (pp. 14-15, 19.)