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

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There are three primary means of establishing a change in, or deviation from, the status quo: (1) a change or deviation from a written agreement or written policy; (2) a change or deviation from an established, unwritten past practice; or (3) a newly created policy or application or enforcement of existing policy in a new way. (Oakland Unified School District (2023) PERB Decision No. 2875, pp. 12-13.) Deviation from the terms of a contractual release time provision satisfies at least the first of the three means of showing a change or deviation from the status quo. (See, e.g., Centinela Valley Union High School District (2014) PERB Decision No. 2378, p. 8.) (pp. 10-11.)