EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – New Policy or Application or Enforcement of Existing Policy in New Way

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Deviation from contractual terms has a “generalized effect or continuing impact” if either: (1) the deviation changes a policy or employment term applicable to future situations; or (2) the respondent acts unilaterally based upon an incorrect legal interpretation or insistence on a non-existent legal right that could be relevant to future disputes. (Bellflower Unified School District (2021) PERB Decision No. 2796, pp. 15-16.) In contrast, “there is no cognizable unilateral change” when a contract breach is “a one-time mistake that has no likelihood of prospectively impacting rights or obligations.” (Id. at p. 19.) (pp. 11-12.)