All notes for Subtopic 602.06000 – Change in Past Practice

DecisionDescriptionPERC Vol.PERC IndexDate
2618E Antelope Valley Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
While the parties’ past practice in this case may have been sufficient to meet the Pajaro standard, we need not reach that question, because the inquiry is fundamentally different when the parties’ past practices are considered to help define the meaning of contract language. In such situations, we scrutinize the parties’ application of their own agreement in order to discern its meaning: This rule of practical construction is predicated on the common sense concept that “actions speak louder than words.” Words are frequently but an imperfect medium to convey thought and intention. When the parties to a contract perform under it and demonstrate by their conduct that they knew what they were talking about the courts [and the Board] should enforce that intent. more or view all topics or full text.
4311312/28/18
2618E Antelope Valley Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The parties’ practical construction of a contract, as shown by their actions, is important evidence of their intent, and helps us to resolve ambiguities in the contract. (See Crestview Cemetery Assn. v. Dieden (1960) 54 Cal.2d 744, 753 (Crestview Cemetery Assn.); Hernandez v. Badger Construction Equipment Co. (1994) 28 Cal.App.4th 1791, 1814.) more or view all topics or full text.
4311312/28/18
2611M County of Orange
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A binding past practice is one which is “unequivocal, clearly enunciated and acted upon, and readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties,” or which is “regular and consistent” or “historic and accepted.” (pp. 10-11, fn. 7.) Though no specific period of time is required to develop a past practice, periods of eighteen months and one year were, in combination with other factors, sufficient to establish past practices allowing multiple union representatives to attend meetings and granting employees release time to file grievances, respectively. (Ibid.) more or view all topics or full text.
4310112/19/18
2615M County of Kern
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The “dynamic status quo” principle permits an employer to make changes to terms and conditions of employment, without notice and an opportunity to bargain, if the changes follow a consistent pattern of past changes that is formulaic or otherwise not influenced by employer discretion. (p. 6.) When the status quo as to a particular employment term follows a nondiscretionary pattern of change, the employer must act in accordance with that pattern of change, and in fact commits a unilateral change if it fails to do so. (p. 7.) The parties’ rights and duties are the same regardless of whether the status quo is dynamic or static; in both instances, following or maintaining the status quo provides a defense to a unilateral change charge, but failure to follow or maintain the status quo establishes a violation, absent notice and an opportunity to bargain. (pp. 7-8.) more or view all topics or full text.
4310912/21/18
2573M County of Riverside
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A practice need not be universal to constitute a term or condition of employment, as long as it is regular and longstanding. more or view all topics or full text.
431706/25/18
2573M County of Riverside
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Just as a single instance is not sufficient to create a past practice, a single instance in which the practice was not followed is not sufficient to defeat the past practice. more or view all topics or full text.
431706/25/18
2573M County of Riverside
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
When there is no evidence that the employer’s representatives had knowledge of a past practice, the Board does not find it to be binding. However, when the employer possesses the necessary facts, the Board may find a past practice even if no single official was personally aware of the numerous instances making up the past practice. more or view all topics or full text.
431706/25/18
2573M County of Riverside
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Past practices created by mistake may still be binding. more or view all topics or full text.
431706/25/18
2546S State of California (Department of Forestry and Fire Protection)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The mere fact that an employer has chosen not to enforce its contractual rights does not mean it is forever precluded from doing so. Where an employer has discretion under a contract provision, it does not forfeit that discretion by failing to exercise it. more or view all topics or full text.
4210001/29/18
2524M Salinas Valley Memorial Heatlhcare System
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A change in certification does not relieve the employer of its duty to maintain the status quo, including unwritten past practices, until such time as it reaches an agreement with the new union or a lawful impasse occurs. more or view all topics or full text.
4115403/21/17
2518E Los Angeles Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Whether employer’s policy represented a change from an identifiable past practice or was an implementation of new policy is not important because in either event, the Board analyzes liability under the unilateral change doctrine. more or view all topics or full text.
4114603/06/17
2494M City of Davis
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employer may not rely on the practice in departments outside of the bargaining unit to establish a binding past practice permitting it to unilaterally implement a negotiable term or condition of employment. What occurs in other departments with other bargaining units is irrelevant to working conditions in the bargaining unit in question. When there is no evidence that the union knew about the use of performance improvement plans in other departments outside of the bargaining unit in question, it cannot be said that this was a mutually accepted past practice. more or view all topics or full text.
413306/30/16
2307M County of Riverside
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Allegations were sufficient to state a prima facie unlawful unilateral change violation based on a past practice of paying employees on union released time their full wages, including base wages and any differentials or special pay premiums they would have earned had they been performing their regular duties; the county began paying employees on union released time only their base wages for the time in which they were engaged in contract negotiations without notice and opportunity to meet and confer; “loss” under MMBA section 3505.3, which requires public agencies to allow reasonable time off for formal negotiations “without loss of compensation or other benefits,” is measured against the amount of pay the employee would have earned if the employee had not been “formally meeting and conferring with representatives of the public agency on matters within the scope of representation;” by causing employees to suffer a loss of compensation under MMBA section 3505.3, the county denied the union its statutorily guaranteed rights; county contention that it was unaware of its own pay practice does not defeat past practice claim. more or view all topics or full text.
03/01/13
2296M City of Long Beach
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Imposition of furloughs constituted change in past practice. MOU did not authorize unilateral implementation of furloughs or incorporate civil service rules and regulations purportedly authorizing furloughs. Contractual language did not establish clear intent to incorporate civil service rules into MOU, and MOU on its face required city to meet and confer prior to implementing any change affecting wages, hours and terms and conditions of employment, and prohibited city from reducing wages without the agreement of union. more or view all topics or full text.
12/04/12
2288M City of Pinole
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
While charge alleged change in past practice of allowing employees to attend city council meetings while on duty, charge failed to allege facts establishing alleged change in policy concerned a matter within the scope of representation. more or view all topics or full text.
10/15/12
2213E Palomar Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A side letter is an agreement between an employer and union that typically: (1) modifies, clarifies or interprets an existing provision in an MOU; or (2) addresses issues of interest to the parties that are not otherwise covered by the MOU. At its most basic, a side letter is a contract between the parties. As such, the duration of such an agreement is dictated by the provisions of the side letter itself (either express or implied) or by the subsequent conduct of the parties. Consequently, absent a provision in an MOU, an agreement between the parties or other evidence demonstrating the parties intended it to expire, a side letter does not automatically expire upon the ratification of a subsequently negotiated MOU. more or view all topics or full text.
366910/27/11
2262E Fairfield-Suisun Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A “zero tolerance” drug testing policy not mandated by federal law that required dismissal of bus drivers if they refused to submit to an alcohol or drug test constituted a change in past policy and practice which required progressive discipline. The “safety” exception to progressive discipline was not applicable to the employee’s refusal to disrobe during a drug test, as it did not threaten or expose to danger students, employees or District property. more or view all topics or full text.
3617605/08/12
2242M County of Sonoma
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
MOU did not establish a written agreement to pay the same amount for retiree health insurance benefits as employer pays for current bargaining unit employees. Where evidence failed to establish that employer had an unequivocal, clearly enunciated and acted upon, and readily ascertainable past practice, accepted by both parties, of linking retiree health insurance benefits to the benefits received by current bargaining unit employees, charging party did not met its burden of proving a unilateral change in an established past practice, and prima facie case of unlawful unilateral change was not established. more or view all topics or full text.
3613102/29/12
2173M County of Sonoma
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where evidence failed to establish that employer had an unequivocal, clearly enunciated and acted upon, and readily ascertainable past practice, accepted by both parties, of linking retiree health insurance benefits to the benefits received by current bargaining unit employees, charging party did not met its burden of proving a unilateral change in an established past practice, and prima facie case of unlawful unilateral change was not established. more or view all topics or full text.
356103/01/11
2156S State of California (Department of Corrections and Rehabilitation, Corcoran State Prison)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charge failed to state a prima facie case of unilateral change because it did not allege facts establishing that institution management had negotiated bidding of new positions with the local chapter president in the past. more or view all topics or full text.
352601/19/11
2160E Sonoma County Office of Education
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charge failed to establish a past practice that the employer paid 100% of employees’ health benefit premiums. The collective bargaining agreement set the employer’s premium contribution rate at 100% of a particular health plan’s rate; it did not require the employer to maintain a certain level of health benefits. Nor did the employer pay 100% of premiums for every possible plan offered to employees. Accordingly, the employer did not make an unlawful unilateral change when it deducted the amount of a health benefits premium increase from employees’ paychecks during negotiations following expiration of the agreement. more or view all topics or full text.
353302/01/11
2145M West Contra Costa Healthcare District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Parties had undisputed past practice that union representatives were allowed to access break rooms in non-public areas of the employer’s hospital without an escort. No unilateral change when the employer never imposed a requirement that representatives be escorted by a staff member to access break rooms or ever restricted representatives to public areas of the hospital. more or view all topics or full text.
35511/30/10
2131S State of California (Department of Corrections and Rehabilitation, Ventura Youth Correctional Facility)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The on-the-job-training form suggests there is a policy or practice that training is done during work hours. more or view all topics or full text.
3413809/21/10
2125M County of Fresno
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Unfair practice charge failed to demonstrate that implementation of furloughs was a unilateral change in policy where the County Board of Supervisors policy regarding mandatory furloughs was clearly established. Past practice will only be considered when necessary to determine an ambiguous policy. Past practice does not trump a clear established policy. Failure to enforce a policy does not mean an employer is forever precluded from doing so. Unfair practice charge failed to demonstrate that implementation of furloughs was a unilateral change in policy where the County Board of Supervisors policy regarding mandatory furloughs was clearly established. Past practice will only be considered when necessary to determine an ambiguous policy. Past practice does not trump a clear established policy. Failure to enforce a policy does not mean an employer is forever precluded from doing so. Union argument that the parties bargaining history and past practice show that the MOU between the parties is plagued by mistake of fact is misplaced where the issue before PERB is not bad faith bargaining, but is the allegation of unilateral change of a County policy that is not set forth in the MOU. more or view all topics or full text.
3412208/11/10
2092E Desert Sands Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
For a past practice to be binding, it must be: (1) unequivocal; (2) clearly enunciated and acted upon; and (3) readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties. An enforceable past practice is one that is “regular and consistent” or “historic and accepted.” more or view all topics or full text.
343902/01/10
1876Ha Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
In order to establish a past practice, it must be demonstrated that the practice was unequivocal, clearly enunciated and acted upon, and readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties. more or view all topics or full text.
337304/15/09
2111S State of California (Department of Corrections and Rehabilitation, Avenal State Prison)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The charge fails to allege facts demonstrating an established past practice for release time when negotiations conclude early. more or view all topics or full text.
349106/03/10
2109H Regents of the University of California
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where the charge alleged the employer violated past practice regarding sick leave verification and approval for vacation leave, a bare allegation that the relevant practices were “well established” was insufficient for purposes of alleging a prima facie case. The charge must allege facts to demonstrate the past practice. It is not an unlawful unilateral change for the employer to enforce the written terms of the MOU. No prima facie case for unilateral change in policy or practice where the union failed to allege conduct by the employer that was inconsistent with the terms of the MOU. more or view all topics or full text.
348305/19/10
2057E San Francisco Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charging party failed to allege sufficient facts to show that the District breached a written agreement or past practice when it issued a “Principal’s Expectations” memorandum setting forth principal’s expectations concerning written lesson plans, student progress reports, a classroom newspaper, reporting of student absences, the teaching or celebrating of American cultural mores, and grade-level team accountability. more or view all topics or full text.
3314508/28/09
1996M Omnitrans
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employer did not change past practice or violate the contract when it directed that union paid leave under the contract must only be used for union business related to the employer, not other employers. There is no evidence in the record that either party intended to use the broad definition of “union activities” under statutes providing against retaliation as their definition of “union activities” for purposes of excused absences from work. Past practice and contract did not establish that employer had ever knowingly granted time off for union activities unrelated to employer. more or view all topics or full text.
332612/19/08
2044M County of Sacramento
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Enforceable past practice because here, unlike in Courier-Journal (2004) 342 NRLB No. 113 where the contract language authorized the employer to make changes in health care premiums during the contract and the employer had a past practice for more than ten years of making such changes during the successive contracts and hiatus periods between contracts, the County had a 27-year past practice of awarding retiree health subsidies. more or view all topics or full text.
3312606/30/09
2045M County of Sacramento
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Enforceable past practice because here, unlike in Courier-Journal (2004) 342 NRLB No. 113 where the contract language authorized the employer to make changes in health care premiums during the contract and the employer had a past practice for more than ten years of making such changes during the successive contracts and hiatus periods between contracts, the County had a 27-year past practice of awarding retiree health subsidies. more or view all topics or full text.
3312706/30/09
2043M County of Sacramento
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Enforceable past practice because here, unlike in Courier-Journal (2004) 342 NRLB No. 113 where the contract language authorized the employer to make changes in health care premiums during the contract and the employer had a past practice for more than ten years of making such changes during the successive contracts and hiatus periods between contracts, the County had a 27-year past practice of awarding retiree health subsidies. more or view all topics or full text.
3312206/30/09
2030M Omnitrans
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
When a collective bargaining agreement and the parties’ bargaining history are silent regarding a particular policy, the policy may be ascertained from the parties’ past practice. To legally constitute a past practice, the practice must be unequivocal, clearly enunciated and acted upon, and readily ascertainable over a period of time. Over a period of several years, the employer allowed union officers to discuss union business with individual employees in the drivers’ assembly room without obtaining prior permission. Because this practice was regular and consistent over time and accepted by the employer, it constituted a past practice. Therefore, the employer’s imposition of a rule requiring union officers to obtain prior permission to access employees in the assembly room constituted a change of the parties’ past practice. more or view all topics or full text.
339105/29/09
1962M County of Sonoma
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Violation of Retirement Law is not a violation of past practice. When past practice is set forth in parameters of due process to be afforded to an employee and the employer’s action are within those parameters, no deviation of past practice shall be found. more or view all topics or full text.
3210006/17/08
1942C Fresno County Superior Court * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The decision, without notice or opportunity to bargain, to add Realtime reporting requirements to the job description for court reporters which mandated use of additional equipment and software, technical knowledge, and customizing the Realtime dictionary, where prior job description required only use of a stenograph machine, constituted a unilateral change in past practices. Court’s requirement that newly hired court reporters provide Realtime reporting was a change in past practice. However, because we have determined that the change was non-negotiable under the Trial Court Act’s scope of representation provisions, the Court’s implementation of the change is not an unlawful unilateral change. more or view all topics or full text.
323801/31/08
1937M City of Commerce
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Union failed to establish that the employer breached or altered the parties’ written agreement or established past practice by changing the parties’ grievance procedure (the first element of a unilateral change case) when it referenced the grievance procedure but did not establish the terms or past practices of the procedure. A single isolated breach of a contract’s grievance procedure does not state a prima facie case for a unilateral change because it fails to establish that the violation has a generalized effect or continuing impact on unit members. more or view all topics or full text.
323301/11/08
1939M Sacramento Housing and Redevelopment Agency
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
If changes in job duties are reasonably comprehended within the existing job duties, an assignment of such duties, even if never performed before, is not a violation. (Rio Hondo Community College District (1982) PERB Decision No. 279.) more or view all topics or full text.
323501/11/08
1894M County of Siskiyou
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No unilateral change where layoff procedures were consistent with County Code, and therefore, there was no change in practice. more or view all topics or full text.
317903/27/07
1886H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
There was no binding past practice of allowing released time for employees to attend PERB proceedings and therefore, the complaint that CSU violated HEERA by committing a unilateral change was dismissed. more or view all topics or full text.
316502/20/07
1832H Regents of the University of California (San Diego)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No bad faith by employer where charging party does not establish that the bargaining unit has ceased performing any work that was previously assigned exclusively to it. more or view all topics or full text.
3010303/24/06
1761M City of Whittier
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Although internally inconsistent, under various procedures and rules, the Department Heads, not employees, are authorized to determine whether overtime is compensated via compensatory time off or overtime pay. Therefore, the City has not unilaterally changed an existing policy. more or view all topics or full text.
2911904/08/05
1616E San Juan Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The Association has not established a past practice for which elimination of shared positions requires consent of the affected teachers. The collective bargaining agreement merely sets up a committee to create guidelines for addressing the mechanics of such positions. The only other related collective bargain agreement provision covers a pre-retirement work program, which does not apply to the positions at issue. more or view all topics or full text.
2812804/05/04
1724M City of Modesto
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
An alleged past practice of health benefit parity does not supersede the clear language of the MOU, which provides a schedule of employer health care premiums for the duration of the MOU and a zipper clause that precludes bargaining on matters covered in the MOU absent the mutual agreement of the parties. Therefore, the Association has not shown that the City changed its policy. more or view all topics or full text.
293612/15/04
1695M City of Ontario
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The allegation that a manager’s statement that one provision of the MOU is “no longer necessary” because it was covered under another section of the MOU does not state a prima facie case of unilateral change. With regard to the allegation that requiring a deadline to request an oral hearing comprised a unilateral change in past practice, the pertinent MOU provision, which allows a response to and review of proposed disciplinary actions, contains no clear timelines for these events to occur other than the requirement of 10 working days advance notice before the disciplinary action is implemented. Although notices of termination contained a deadline to request a meeting, AFSCME provided no evidence of a past practice not requiring a deadline to request an oral presentation. There is no evidence that AFSCME requested an oral presentation, only that it complained about the deadline imposed in the notice. Therefore, there is no evidence of unilateral change. With regard to the allegation that the appeal must occur before the employees are terminated, under the parties’ MOU, employees are not entitled to a hearing before the effective date of their termination; rather, employees have the right to appeal 14 calendar days after the disciplinary action is imposed. Therefore, AFSCME has not provided evidence of unilateral change. The City has conformed to the terms of the MOU and thus has not unilaterally changed disciplinary procedures. more or view all topics or full text.
2825909/27/04
1672H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The policies on their face did not exhibit a change in policy concerning employee privacy rights, the requirement for employee cooperation during the investigation of a whistleblower retaliation complaint, or the right to union representation. Trustees of the California State University (2004) PERB Decision No. 1658-H involves nearly identical facts and is dispositive of this case. Executive Order 644, issued in 1997, has been superseded by Executive Order 822 and is no longer in effect. CFA failed to provide examples of unlawful implementation and thus did not state a prima facie case of unilateral change. more or view all topics or full text.
2821708/06/04
1699M County of Yuba
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board dismissed charge alleging that city unilateral changed salary differentials where charge failed to establish a policy or practice of maintaining set salary differentials between the classifications at issue more or view all topics or full text.
2826610/20/04
1689H Regents of the University of California
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The status quo against which an employer’s conduct is evaluated must take into account the regular and consistent past patterns of changes. Changes consistent with such a pattern are not violations of the status quo. Where the employer exercises a large measure of discretion, the exclusive representative may properly insist that the employer negotiate regarding changes. more or view all topics or full text.
2825209/17/04
1658H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
University’s policy on reporting improper governmental activities was not change from past practice since nothing in the policy conflicted with past practice or the contract. more or view all topics or full text.
2819907/13/04
1635H Trustees of the California State University (San Marcos)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A change in the performance evaluation and overall rating procedure to include 2 new categories and a different weighting scale, which differed from any previous system used at the campus constitutes a change. more or view all topics or full text.
2815806/04/04
1654H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No unilateral change in fee waiver program policy at California State University San Bernardino when inclusion of mandatory courses does not mandate an employee to take a course using the fee waiver program in a manner inconsistent with the parties’ past practice. more or view all topics or full text.
2819306/30/04
1630M County of Placer
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Standard for past practice: it must be unequivocal, clearly enunciated and acted upon, readily ascertainable over a reasonable period of time as a fixed and established practice. more or view all topics or full text.
2815205/18/04
1544E Oakland Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Having failed to allege with specificity any facts showing that the District added any new language or changed its existing actual practice, Board dismissed charge alleging unlawful unilateral change. more or view all topics or full text.
2711207/23/03
1611M City and County of San Francisco
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Union failed to establish City had past practice of offering “last chance” agreements to firefighters charged with a first offense relating to the use of alcohol. Two previous examples cited by union cannot be used as evidence of past practice since the settlement agreements in those cases expressly stated that they were non-precedent setting. more or view all topics or full text.
2812004/02/04
1501E Los Angeles Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
For at least 14 years, District’s past practice was to allow police detectives to use District-owned vehicles to commute to and from home. The practice was unequivocal, clearly enunciated and acted upon and readily ascertainable for a reasonable period of time. Accordingly, the District’s practice constituted an enforceable past practice and District violated its duty to bargain by unilaterally changing its practice. more or view all topics or full text.
27410/31/02
1507H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A policy restricting APC’s use of CSU e-mail to communicate with employees, an existing practice that was acknowledged by CSU, clearly changes the status quo. CSU’s computer usage policies embody comprehensive rules on the use of computer resources, violation of which is grounds for discipline. These policies thus affect “unilateral implementation of a sweeping set of rules . . . .of the ‘quantity and kind’” that alter the status quo as set forth in the 1960 policy and Govt. Code section 8314. (Oakland Unified School District (1983) PERB Decision No. 367.) CSU’s new telephone and facsimile policy constitute a departure from the restrictions on telephone usage found in Government Code section 8314. The new grounds for discipline in the policy are also inconsistent with section 8314 and CSU’s 1960 policy. CSU’s new telephone and facsimile policy improve upon CSU’s 1960 policy, which prohibits use of state facilities, equipment or supplies for other than the performance of official business. Employers may not make unilateral changes to increase benefits, as well as reduce benefits. more or view all topics or full text.
272601/08/03
1534E Colton Joint Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement. more or view all topics or full text.
279406/23/03
1470H Trustees of the California State University
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Failure to reach an agreement in reopener negotiations does not render the reopened contract provisions null and void. Universities actions in raising pay were consistent with the parties’ memorandum of understanding and therefore not a unilateral change. more or view all topics or full text.
263301612/05/01

602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Because it represented the City’s initial bargaining position, minimum salary formula contained in City’s charter was not a mandatory subject of bargaining. Therefore City not required to bargain with union prior to presenting charter provision to electorate for repeal. more or view all topics or full text.

602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Change of practice or enforcement makes item subject to meet and confer whether rule is new or not. more or view all topics or full text.

602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
a change in an existing and acknowledged practice concerning whether probationary employees could receive a pay increase after six months of service was of material significance to these employees and thus is negotiable. Any change in this practice without giving the union in opportunity to negotiate is a violation of the MMBA. more or view all topics or full text.
1452E Lodi Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The fact that the District, due to an administrative error, mistakenly failed to enforce its right to pay off-track substituting food service workers a lower wage for approximately nine years does not subsequently preclude it from doing so in the present; proposed decision, p. 19. more or view all topics or full text.
253209606/28/01
1414E Golden Plains Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
An evaluation of the employer's "regular and consistent past patterns of changes" found that no past practice of post-revocation accommodation had been established. There was no "status quo" for the District to have unilaterally modified, and there was no support to the allegation that EERA section 3543.5(c) had been violated; pp. 10-13, proposed dec. more or view all topics or full text.
253200910/26/00
1410E San Joaquin Delta Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
CBA language providing that "Assignment to alternate calendars will be made by first asking for volunteers and then by assignment in reverse order of seniority" does not establish a past practice as described by the charging party because the concept of volunteering does not carry with it a reciprocal obligation for the recipient of the offer to accept the volunteer's offer of service.) (The parties' agreement contains a policy of permitting persons to volunteer for alternative calendar assignments. It does not, however, obligate the employer to honor the requests of counselors in a "traditional calendar only" program to work an alternate calendar simply because they volunteered to do so. Accordingly, when the District denied requests of such counselors to work an alternate calendar, it did not alter an existing policy and did not violate the EERA. more or view all topics or full text.
243116410/05/00
1402E Antelope Valley Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District's decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District's past practice is a pattern of several years' duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District's non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers. more or view all topics or full text.
243114509/05/00
1381S State of California (Department of Corrections)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The State's elimination of a Saturday correctional officer who covered the library concern safety and health of librarians. Health and safety is one of the more fundamental areas of concern in a collective bargaining relationship and is within the scope of representation. Removing the officer diminished the safety of affected employees. more or view all topics or full text.
243108504/25/00
1504E Clovis Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Under PERB precedent, the Board must interpret collective bargaining agreements according to their plain meaning if the language is clear. In this case, the settlement agreement and parallel CBA provisions clearly require the parties to negotiate wages, hours and working conditions. Although neither the JPA bylaws nor the CBA mention Social Security and PERB, the unit employees’ participation in those retirement benefits is the undisputed status quo. The District argues that since it has taken no action, the issue of unilateral change is not ripe for Board resolution. However, when the District conducted the election, published its intent to send the results to the JPA board of directors and to PERS without negotiating first with CSEA, and sponsored non-unit employees into the JPA, CSEA had actual notice of the District’s intent to make the change. more or view all topics or full text.
271512/18/02
1455E San Diego Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
An employer does not commit an unlawful unilateral change when its actions are consistent with previously unenforced provision of the collective bargaining agreement; p. 3. Marysville Unified School District (1983) PERB Decision No. 314 does not apply here, because there were no prior incidents from which AFT could claim a waiver of the unenforced right upon which a unilateral change would be based. There was no unilateral change; the District was instead enforcing the provisions of the CBA, albeit for the first time; p. 3. more or view all topics or full text.
253209907/31/01
1344S State of California (Department of Veterans Affairs)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No violation found where the parties' expired memorandum of understanding provided that workweeks and workdays may be scheduled by the State in order to meet the needs of the State, so long as the State does not alter or change shifts for the purpose of avoiding overtime, and provided that it gives no less than 15 calendar days' notice of permanent shift changes. Where supervisor informed Activity Coordinators, pursuant to contractual requirements, that permanent schedule changes would take place during the following month, and announced those changes more than 15 days later, it had no obligation to meet and discuss those changes. more or view all topics or full text.
233015408/19/99
1346S State of California (Employment Development Department)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where charge failed to allege that employer deviated from the terms of the existing collective bargaining agreement in revoking bilingual pay for certain employees, Board dismissed charge for failure to state a cause of action, p. 2; dismissal letter. more or view all topics or full text.
233016409/02/99

602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A school employer's change in past practice found where employer changed health plan administrators. Change had significant impact upon the terms and conditions of employment. [120 Cal.App.3d at 1012 - 1014] Court reserves judgment about result if change causing loss of conversion privilege had been caused by insurance carrier rather than employer. [120 Cal.App.3d at 1013] more or view all topics or full text.
1291S State of California (Department of Motor Vehicles)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employer's unilateral imposition of performance standards in a manner inconsistent with provisions of expired collective bargaining agreement had continuing impact on a matter within the scope of representation and constituted unlawful unilateral change; pp. 3-4. Provisions of expired collective bargaining agreement covering the development and establishment of performance standards constitute past practice of the parties until such time as bargaining over a successor agreement has been completed by either reaching agreement or concluding impasse proceedings; p. 3, fn. 2. more or view all topics or full text.
222917310/09/98
1284S State of California (Employment Development Department)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No unilateral change shown even if overall number of interviews scheduled per day per employee was increased pursuant to federal regulations because there was no showing of a change in workload; nor was there a showing that new tasks were to be performed; pp. 23-24, proposed dec. No unilateral change because no showing that employer's actions altered the status quo. Specifically, CSEA failed to show that there was a uniform practice of assigning a specific number of Det interviews per day to each EPR. Instead, the evidence revealed that there were variations among employees in a single office and variations among offices; pp. 23-24, proposed dec. An increase from approximately 12 interviews per day to 14 did not constitute a change in "quality and kind" under Oakland. constitute a change in "quality and kind" under Oakland. more or view all topics or full text.
222915609/16/98
1279S State of California (Departments of Personnel Administration, et al. * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charging party did not establish past practice where employees used e-mail system but didn't demonstrate employer was aware of the use. more or view all topics or full text.
222914808/21/98
1259E Fall River Joint Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where there is no established past practice of a policy or a similar policy, a policy which potentially affects all special education teachers with a specific mandatory transfer plan is found to be an unlawful unilateral change; p. 28. more or view all topics or full text.
222908204/08/98
1251S State of California (Department of Motor Vehicles)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Unilateral change requires a demonstration that a past practice existed and that it was modified. more or view all topics or full text.
222906202/25/98
1252H Regents of the University of California (University Professional and Technical Employees)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
During the period of transition from nonexclusive representation to exclusive representation, the Board requires employers to maintain the dynamic status quo; p. 10. Where University has communicated its intention to make certain changes to its nonexclusively represented employee and has completed partial implementation of those changes before the certification of an exclusive representative, final implementation of these changes is part of the dynamic status quo and not an unlawful unilateral change; pp. 11-12. more or view all topics or full text.
222906302/27/98
1247S State of California (Employment Development Department) (California State Employees Association)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Upon expiration of a contract, the employer must maintain certain terms and conditions of employment embodied in that contract until such time as bargaining over a successor agreement has been completed; p. 3. Employer's actions following expiration of the agreement do not "supplant" the agreement; pp. 3-4. Merely because the State had not chosen to enforce its contractual rights in the past does not mean that it is forever precluded from doing so; p. 5, partial dismissal letter. more or view all topics or full text.
222904801/28/98
1244S State of California (Department of Personnel Administration) (California Association of Professional Scientists)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A change in health benefit plans or administrators is negotiable if the change has a material or significant effect or impact on the actual benefits received by an employee; p. 10. In benefits cases, actual benefits received by employees, rather than outline contained in CBA, represents the status quo by which unilateral change is measured; pp. 12-13. Board declines to find unilateral change in employee benefits where union fails to present any evidence of impact on actual vision care benefits or their cost to employees; p. 16. more or view all topics or full text.
222904501/27/98
1231H Trustees of the California State University (Academic Professionals of California)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Maintenance of employer's legal position that it had no duty to arbitrate grievances filed after expiration of contract, although allegedly an isolated breach of the collective bargaining agreement, does not constitute unilateral change; p. 3. more or view all topics or full text.
222901111/17/97
1205S State of California (Department of Health Services)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No violation of Dills Act for unilateral change allegation, where charge fails to demonstrate what the existing flex-time policy was for employees with dock time; p. 2, partial dismissal and warning letter. more or view all topics or full text.
212811706/19/97
1187E Hacienda La Puente Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Past practice is established through a course of conduct or as a way of doing things over an extended period of time (citations); p. 13, proposed dec. more or view all topics or full text.
212806503/17/97
1182H Regents of University of California (University Professional and Technical Employees)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Past practice is measured against the "dynamic status quo," which may include change as a normal part of the pattern of conduct between the employer and union; past practice here is the pattern of shift schedules over the years; p. 23, proposed dec. more or view all topics or full text.
212804501/31/97
1169H Regents of the University of California (University Professional and Technical Employees)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
To determine whether a unilateral change has occurred, the charging party must establish that the employer altered the status quo by departing from the terms of the parties' contract or the established past practice; the status quo can encompass change as a normal part of the pattern of conduct between an employer and a union; p. 4. more or view all topics or full text.
202713809/12/96
1149S State of California (Department of Corrections) (International Union of Operating Engineers)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employer change in past practice from employees eating their meal while working to a half hour unpaid lunch break is not an unlawful unilateral change when the change is consistent with the parties' collective bargaining agreement; p. 4; p. 3, warning letter. more or view all topics or full text.
202708204/30/96
1093H California State University (California State Employees Association) * * * VACATED by California State Employees' Association v. Public Employment Relations Board (1996) 51 Cal.App.4th 923
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No objective test exists to fully define a past practice; unexercised rights or discretion remain a part of the policy; p. 17. more or view all topics or full text.
192607904/05/95
1085E Cajon Valley Union School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A past practice is established through a course of conduct or as a way of doing things over an extended period of time; p. 4. The District unilaterally increased and decreased the number of hours assigned to a wide spectrum of vacant positions over a four-year period, which established the practice in the District. Constructive knowledge of these changes to the union was sufficient notice. more or view all topics or full text.
192606303/01/95
1078E San Jacinto Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Past practice defense by the District was rejected as the District's defense did not meet the "regular and consistent" past practice test required by Pajaro Valley Unified School District (1978) PERB Decision No. 51; p. 22, proposed dec. Fact that the District had previously changed starting and ending times, and work schedules of maintenance and operations employees without bargaining does not establish waiver of right to bargain over the District's change in schedule for football games outside normal school hours; p. 23, proposed dec. Definitive past practice cannot be established where occurrences of the claim practice are isolated and remote in time. A one time occurrence of a reduction in hours of a vacant position does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec. does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec. more or view all topics or full text.
192603612/22/94
1076E San Benito High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
The duty of identifying the location of weeds on a high school campus is reasonably comprehended within the scope of existing job duties for the position of Campus Supervisors under cleans the campus and related works as required and therefore the addition of these duties is nonnegotiable; p. 3, warning letter. more or view all topics or full text.
192603412/16/94
1072H Regents of the University of California (University of California-American Federation of Teachers)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No violation where employer's decision to contract out educational services was consistent with past practice. more or view all topics or full text.
192603012/07/94
1050E Poway Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Although the district may have utilized only volunteer teachers in the past to supervise student activities, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter. more or view all topics or full text.
182510006/13/94
1047E Redwoods Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No violation where the district's action was consistent with its established past practice of applying academic, management and financial considerations in its semester-by-semester hiring decisions involving part-time, temporary instructors; p. 16. The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18. more or view all topics or full text.
182509705/26/94
1033E Healdsburg Union Elementary School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Even if it is shown that teachers had voluntarily supervised students prior to the directive to do so, this does not establish a past practice which requires the teachers to supervise students; p. 5, fn. 2. Where the tone of a directive suggests that it imposes a new policy, the directive is evidence that a new policy is being implemented; p. 5. An agreement specific to teachers and the principal at a different school within the district does not constitute an established district policy; p. 9. The supervision schedule of first and second grade teachers who are on an entirely different schedule is not comparable to the kindergarten setting, and thus does not establish a past practice for the kindergarten; pp. 9-10. setting, and thus does not establish a past practice for the kindergarten; pp. 9-10. more or view all topics or full text.
182503001/06/94
0973E West Covina Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
While the practice of home-garaging district vehicles may not have been expressly adopted by the governing board, by allowing the practice to continue for at least 25 years, the district firmly established this as district policy; p. 9. more or view all topics or full text.
172404202/09/93
1006E Gonzales Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
As the contract did not cover the situation of payment of health benefit premiums, it is necessary to look at other existing policies or agreements outside of the contract or to past practice within the District; p. 18, proposed dec. more or view all topics or full text.
172411906/25/93
0883E Lodi Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board affirmed dismissal of unilateral change allegation on the ground that employer action in accord with parties' agreements and current practice. more or view all topics or full text.
152209505/30/91
0876E Glendora Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Association fails to establish as one of its prima facie elements of a unilateral change, that District's decision to grant a temporary release for one employee constituted a change in policy. While an employer's established policy may be embodied in the terms of the collective bargaining agreement itself, where the contract is silent or ambiguous as to such a policy, that policy must be ascertained by examining past practice or bargaining history; pp. 10-11. The clear and unambiguous language of the contract establishes that it is the policy of the District to grant temporary absences for non-teaching employees provided the employee obtain prior approval from the site administrator. Therefore, it is unnecessary to go beyond that language to ascertain a contrary interpretation in the absence of supporting factual allegations by the Association; p. 11. absence of supporting factual allegations by the Association; p. 11. more or view all topics or full text.
152208205/16/91
0860E Los Angeles Unified School District (United Teachers Los Angeles)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board affirmed ALJ's conclusion that District conduct not excused by past practice defense because specific program at issue not same or similar to previous programs; pp. 4-6; pp. 20-23, proposed dec. more or view all topics or full text.
152201512/19/90
0855E Yuba Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board affirms ALJ's conclusion that parties' consistent past practice, and therefore status quo, was coverage under named health plan whose specific benefits evolved over time; p. 14, proposed dec. more or view all topics or full text.
152200812/14/90
0835E Los Angeles Unified School District (Association of Public School Supervisory Employees)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Reassignment of task of conducting Skelly hearings to managerial employee in charging party's department insufficient to reflect a change in disciplinary procedures, assuming the matter was within the employer's meet and discuss obligation; p. 7. more or view all topics or full text.
142117008/30/90
0825E Imperial Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District altered consistent past practice of setting the instructional day at the intermediate level through implementation of a unilateral change in instructional minutes; p. 7. For purposes of an unfair practice charge, a consistent past practice on a districtwide basis is of relevant concern; p. 6. A consistent past practice of setting instructional minutes at districtwide level was shown because the one intermediate school in the District had a different schedule from any other school prior to the charge; p. 7. more or view all topics or full text.
142113706/29/90
0814E Temple City Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board reversed dismissal of charge alleging unilateral change in method of fringe benefit allocation; p. 10. more or view all topics or full text.
142111706/13/90
0806H Regents of the University of California (University of California-American Federation of Teachers)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Failure to state prima facie case where contract language clear on its face, thus making extrinsic evidence of past practice irrelevant; p. 2, warning letter; p. 2, dismissal letter. more or view all topics or full text.
142110005/07/90
0789E Beverly Hills Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Contracting out of former duties of laid off unit member unlawful since it constituted unilateral change in "quantity and kind" of subcontracting; pp. 15-17. Board declines to extend Eureka analysis (transfer of work) to subcontracting, because Oakland analysis strikes proper balance between employer flexibility and prevention of severe changes having a significant effect on the unit; p. 17. more or view all topics or full text.
142104201/19/90
0790E Compton Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where contract was silent regarding District's policy on attendance at trustee meetings, past practice governed, became part of the status quo, and could not be changed unilaterally. more or view all topics or full text.
142105102/06/90
0784E Compton Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District violated EERA section 3543.5(b) and (c) when it unilaterally changed a long standing practice for determining overtime compensation. more or view all topics or full text.
142102912/29/89
0763H Regents of the University of California (American Federation of State, County and Municipal Employees)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No prima facie case where employer merely enforced long-standing policy on payroll deductions for union-sponsored benefits program. more or view all topics or full text.
132019309/14/89
0750E Riverside Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Unilateral action to ban smoking inside a district's facilities is a matter of basic educational policy within the managerial prerogative of the district; p. 19. more or view all topics or full text.
132014706/29/89
0632E Riverside Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Change in working hours during summer consistent with past practice. more or view all topics or full text.
111815208/26/87
0636S California Community Colleges
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charge fails to state prima facie case of transfer of work where no past practice alleged as to assignment of work to units. more or view all topics or full text.
111817310/06/87
0638E Los Rios Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No prima facie case where facts insufficient to establish the past practice allegedly deviated from. more or view all topics or full text.
111818511/03/87
0554Ea Morgan Hill Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where contract silent or ambiguous, the policy may be ascertained by examining past practice or bargaining history. more or view all topics or full text.
101707103/20/86
0557E Nevada Joint Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Change in salary calculation constitutes unilateral change. more or view all topics or full text.
101704012/31/85
0554E Morgan Hill Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where contract silent, it is appropriate to look to bargaining history or past practice; where a matter was covered by a previous contract and the new contract is silent, an inference is raised that the policy embodied in the old contract continues to be the existing practice. more or view all topics or full text.
101703212/27/85
0541E Modesto City Schools and High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Elimination of department chairperson's second preparation period at one school consistent with districtwide practice, which showed variation between schools and history of discretionary changes at individual schools. more or view all topics or full text.
101701012/12/85
2490M County of San Joaquin
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charging party failed to prove its prima facie case that public employer unilaterally eliminated an established practice of providing flexible schedules for bargaining-unit employees with child care responsibilities, where evidence failed to show that practice was known to and condoned by any manager besides a low-level supervisor who admittedly acted outside her authority when approving schedule changes. Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations. more or view all topics or full text.
412906/30/16
2491M City of Montebello
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charging party failed to prove its prima facie case of a unilateral change in employee job duties where misclassification affected only two employees in separate departments with no common supervision or policy. Charging party did not establish that two apparently separate breaches of its memorandum of understanding had a generalized effect and continuing impact on terms and conditions of employment where the City denied a grievance on procedural grounds and did not argue that it was authorized by statute, contract or other legal authority to assign duties in contravention of established classifications and memorandum of understanding. more or view all topics or full text.
413006/30/16
1739M Oakland Housing Authority
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Board dismissed charge alleging that employer violated contract in assigning bargaining unit work to non-regular employees. Board dismissed charge as neither contract nor past practice established restrictions on the work assigned to non-regular employees. more or view all topics or full text.
296201/26/05
1214E Bellflower Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Charge does not state a prima facie case of a unilateral change, because it lacks sufficient facts to determine whether any policies were changed; p. 5, warning letter. A legal conclusion that work time or workload was increased is insufficient to state a prima facie case. No assertions of employees working longer hours or cutting corners to get job done (despite increase in number of students and paperwork). more or view all topics or full text.
212812606/30/97
0488E Pleasant Valley School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Unilateral reduction in instructional aide hours not excused by business necessity or waiver. more or view all topics or full text.
91609302/27/85
0486E San Mateo County Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where contract silent on sick leave for summer session employees and no evidence of waiver, employer cannot change existing policy without providing opportunity to negotiate. more or view all topics or full text.
91608402/13/85
0487E Victor Valley Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No change in past practice shown; charging party failed to demonstrate existence of past practice. One-time occurrence that was remote in time to acts in question does not constitute past practice. more or view all topics or full text.
91608502/15/85
0482E Modesto City Schools and High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No prima facie case where charge fails to state past practice allegedly deviated from. more or view all topics or full text.
91606101/16/85
0443E Saugus Union School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No prima facie case where exclusive representative failed to allege facts establishing the past practice that allegedly was changed and contractual provisions at issue were ambiguous. R.A. dismissal upheld more or view all topics or full text.
91600711/29/84
0448E Los Angeles Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No prima facie case where alleged contract violations are not alleged to be changes in status quo. more or view all topics or full text.
91601312/03/84
0414E Modesto City Schools and High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where the contract is silent regarding the length of the duty-free lunch period and negotiating history is vague, past practice may be used to determine whether there has been a change in policy. Absent evidence of contrary intent, practice throughout the bargaining unit is relevant in determining whether a unilateral change has occurred. Even though a consistent practice was shown at school where change in lunch period was contested, no unilateral change was found because of wide variation in lunch periods throughout the unit. more or view all topics or full text.
81518810/12/84
0364E Anaheim City School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Grievance procedure, including provision for advisory arbitration, survives expiration of agreement absent clear evidence to the contrary; p. 19. more or view all topics or full text.
81500512/14/83
0367E Oakland Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Ten-fold increase in magnitude of subcontracting evidenced a change in quantity and kind and constituted unilateral change in established policy; p. 24. more or view all topics or full text.
81500812/16/83
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Evidence insufficient to establish past practice. PD adopted by Board. Vacated by Cole letter of 10/29/86. more or view all topics or full text.
71429311/23/83
0356H Regents of the University of California (Statewide University Police Association)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employers unilateral establishment of parking fees improper because employer didn't provide employee organization notice and an opportunity to negotiate the discretion. more or view all topics or full text.
71428811/14/83
0347E Modesto City Schools
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Past practice evidence supports employer's contention that back-to- back evaluations for unsatisfactory performance is not unilateral change. more or view all topics or full text.
71425909/27/83
0337E Kern Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No evidence of past practice to justify employer's refusal to bargain effects of layoff; p. 13. more or view all topics or full text.
71422908/19/83
0297E Mt. San Antonio Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District violated section 3543.5(c) by unilaterally changing the procedure for making summer school teaching assignments; p. 7. Assignment of overload teaching responsibilities to non-unit members transferred work out of bargaining unit in violation of the collective bargaining agreement and statute. more or view all topics or full text.
71410903/24/83
0279E Rio Hondo Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District's increase in Cooperative Work Experience instructor caseload constituted an unlawful unilateral change of existing policy; p. 16. Unlawful unilateral change where District altered method of compensating instructors for teaching summer school (p. 20) and altered class size policy; p. 22. more or view all topics or full text.
71403612/31/82
0995S State of California (Department of Personnel Administration) (California State Employees Association)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Temporarily authorizing a higher level of released time than that required by the negotiated ground rules does not create an obligation to continue to do so indefinitely; p. 8. more or view all topics or full text.
172409105/10/93
0991E Long Beach Community College District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Where there is insufficient evidence to show an established past practice, Board must look to the language of the collective bargaining agreement; p. 9. more or view all topics or full text.
172408304/26/93
0987E Cupertino Union School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Reduction of full-time employees hours by one half represents an increase in magnitude evidencing a change in the quantity of reduction of hours and constitutes a unilateral change in terms of employment; p. 18, proposed dec. more or view all topics or full text.
172406904/01/93
0976S State of California (Department of General Services)
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
A threatened unilateral change of policy or practice does not, without facts which indicate that the employer has made a definite decision to implement a change, constitute a prima facie violation; p. 2, warning letter. more or view all topics or full text.
172405002/23/93
0116E Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Unilateral change found where District instituted a freeze on step and column salary increases even though in past practice employees regularly advanced in pay grades; pp. 9-11. more or view all topics or full text.
41103102/22/80
0051E Pajaro Valley Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Employer-initiated payroll deductions for dental and vision care insurance not unlawful where employer had past practice of passing on increases in costs of benefits pending negotiations. more or view all topics or full text.
2210705/22/78
0937E Eastside Union School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
No violation where District's decision to contract out satellite food service program was consistent with past practice; pp. 13-14, proposed dec. In past practice cases, contracting out will constitute a unilateral change in established policy where it evinces a change in the quantity and kind of subcontracting; p. 11, proposed dec. more or view all topics or full text.
162308406/02/92
0912E Willits Unified School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
District unilaterally implemented a change in its past practice of granting released time for negotiations, by denying released time to union chief negotiator to attend PERB settlement conference, where underlying charge was interpretation of section of parties' CBA. more or view all topics or full text.
162300212/05/91
0074E Amador Valley Joint Union High School District
602.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in Past Practice
Settlement pursuant to court judgement and contract negotiations covering issue prospectively do not render allegations of unilateral change in past practice moot--if violation found, Board order could clarify parties' mutual legal rights and obligations under EERA; pp. 5-9. more or view all topics or full text.
2219210/02/78