All notes for Subtopic 608.05000 – Past Practice; Maintenance of Status Quo
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2881E | West Contra Costa Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo The record did not support the District’s claim it had a practice of assigning work opportunities at its discretion. But even if it did, such a history would not privilege the District to continue making such discretionary decisions without bargaining. (County of Kern (2018) PERB Decision No. 2615-M, pp. 6-9 [employer’s changes are consistent with a dynamic status quo only if the changes follow a nondiscretionary pattern of change].) (p. 12.) more or view all topics or full text. | 48 | 79 | 11/06/23 |
| 2847M | Kern County Hospital Authority 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo When considering the meaning of ambiguous contract language—including if a respondent asserts an MOU-based defense—PERB considers past practice as one interpretive tool even absent a practice that is “regular and consistent” or “historic and accepted.” (County of Merced (2020) PERB Decision No. 2740-M, p. 13, fn. 9.) (p. 13, fn. 4.) more or view all topics or full text. | 12/20/22 | ||
| 2833E | Pittsburg Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo If a union argues that past practice is not merely evidence as to the meaning of a written agreement or policy, but rather independently establishes the status quo that the employer changed, the past practice must have been “regular and consistent” or “historic and accepted. Precedent does not establish a bright line rule as to what length of time is relevant in evaluating a claimed “regular and consistent” or “historic and accepted” past practice. The answer depends on context, including whether the employment term at issue is one that employees experience on a daily, weekly, monthly, or annual basis. Here, the Association failed to meet its burden to prove the District had a regular and consistent practice of always assigning 19.5 paid hours per week to Adult Education teachers with summer morning core courses. The Board overruled Redwoods Community College District (1994) PERB Decision No. 1047, finding that Redwoods wrongly implied that an employer’s past practice of making discretionary decisions on terms and conditions of employment, based on financial and other considerations, means that it maintains the status quo when it makes further similar discretionary decisions. That implication misrepresented settled principles of the dynamic status quo doctrine. (pp. 8-9 & fn. 5; pp. 11-13.) more or view all topics or full text. | 47 | 57 | 09/13/22 |
| 2740M | County of Merced 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo The parties’ past practice under the contract before the dispute arose is important evidence of their intent. Past practice can be used to establish the status quo from which PERB assesses an alleged unilateral change, and it can also be used as an interpretive aid in assessing ambiguous MOU language. In the former instance, a past practice establishes the status quo only if it was “regular and consistent” or “historic and accepted,” but in the latter instance it need not be as definitive. (Antelope Valley Community College District (2018) PERB Decision No. 2618, p. 22.) The parties’ past practice met the higher standard, as it was “regular and consistent,” as well as “historic and accepted.” Thus, the Union has established a change in past practice, though even if it could not meet that standard, there would still be no question that the County adopted a new policy setting forth detailed changed parameters for assigning mandatory overtime, and applied and enforced its mandatory overtime policy in a new way. Because the Board found that the parties’ past practice met the higher standard of being “regular and consistent” or “historic and accepted,” a fortiori, it was more than strong enough to be a relevant factor in interpreting the MOU for purposes of resolving the County’s MOU-based defense. more or view all topics or full text. | 45 | 29 | 08/10/20 |
| 2684E | Modoc County Office of Education 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Union’s failure to demand to bargain in past instances where the employer gave notice of a decision to reduce unit employees’ work hours did not waive union’s right to negotiate over any subsequent reduction of work hours. (p. 19.) more or view all topics or full text. | 44 | 104 | 11/27/19 |
| 2615M | County of Kern 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 43 | 109 | 12/21/18 |
| 2524M | Salinas Valley Memorial Healthcare System 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Although employer was obligated to meet and confer over its rebidding policy after union demanded to bargain, the employer did not commit a unilateral change by proceeding with a rebid that was consistent with its past practice. more or view all topics or full text. | 41 | 154 | 03/21/17 |
| 2518E | Los Angeles Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Evaluation system implemented by employer was not consistent with a regular and consistent past practice. Evidence of past practice showed a variety of evaluation rubrics that differed from the system that was implemented. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2518E | Los Angeles Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Evaluation system implemented by employer was not consistent with a dynamic status quo. A practice can be demonstrated by a regular and consistent pattern of past changes in employment conditions, but not by an employer that exercises unfettered discretion. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2423M | County of San Bernardino (Office of the Public Defender) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo When parties’ past practice conflicts with the wording of their CBA, each party still maintains the right to adhere to and enforce the contractual language of the CBA. more or view all topics or full text. | 39 | 165 | 05/15/15 |
| 2160E | Sonoma County Office of Education 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Charge failed to state a prima facie case of unlawful unilateral change when the employer deducted the amount of a health benefits premium increase from employees’ paychecks during negotiations following expiration of the collective bargaining agreement. The expired agreement set the employer’s contribution rate; it did not require the employer to maintain a certain level of health benefits. Thus, the employer did not alter the status quo by failing to pay the premium increase. more or view all topics or full text. | 35 | 33 | 02/01/11 |
| 1962M | County of Sonoma 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 32 | 100 | 06/17/08 |
| 1761M | City of Whittier 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 29 | 119 | 04/08/05 |
| 1759E | Stockton Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Even if the district had limited its past application of the contract, it still maintains the right to adhere to and enforce the contractual language of the CBA. (Marysville Joint Unified School District (1983) PERB Decision No. 314.) Notwithstanding any past practice, the district was within its rights to transfer the employee involuntarily provided that it complied with the contract; p. 4. more or view all topics or full text. | 29 | 104 | 03/28/05 |
| 1758S | State of California (Board of Prison Terms) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Entire agreement clause waiving right to bargain the decision survives expiration of the MOU due to operation of Dills Act section 3517.8. more or view all topics or full text. | 29 | 103 | 03/24/05 |
| 1724M | City of Modesto 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 29 | 36 | 12/15/04 |
| 1689H | Regents of the University of California 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 28 | 252 | 09/17/04 |
| 1630M | County of Placer 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 28 | 152 | 05/18/04 |
| 1611M | City and County of San Francisco 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 28 | 120 | 04/02/04 |
| 1563M | City of Pittsburg 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo City Council’s use of a consultant to review and recommend what action to take in response to two grievances filed by union is a matter of managerial prerogative that is not negotiable. No facts to support union’s contention that City Council delegated its decision making authority in violation of the contract. more or view all topics or full text. | 28 | 26 | 12/08/03 |
| 1471E | State Center Community College District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Past practice not relevant in context of denial of statutory right to necessary and relevant information. more or view all topics or full text. | 26 | 33027 | 12/12/01 |
| 1414E | Golden Plains Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 25 | 32009 | 10/26/00 |
| 1470H | Trustees of the California State University 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 26 | 33016 | 12/05/01 |
| 1284S | State of California (Employment Development Department) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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 vraiations 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. | 22 | 29156 | 09/16/98 |
| 1279S | State of California (Departments of Personnel Administration, et al. * * * OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 22 | 29148 | 08/21/98 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *Employer's failure to require sick leave verification consistently in the past does not preclude it from doing so in the future; p. 54, proposed decision. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1252H | Regents of the University of California (University Professional and Technical Employees) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. During the period of transition from nonexclusive representation to exclusive representation, the Board requires employers to maintain the dynamic status quo; p. 10. more or view all topics or full text. | 22 | 29063 | 02/27/98 |
| 1247S | State of California (Employment Development Department) (California State Employees Association) * * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo * * * OVERRULED by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past contract expiration. * * *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. | 22 | 29048 | 01/28/98 |
| 1163E | Arcata Elementary School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo * * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *The fact that an employer may have employed a part-time employee in a particular position does not show a practice of converting full-time positions into part-time positions; p. 12, proposed decision. more or view all topics or full text. | 20 | 27120 | 06/26/96 |
| 1085E | Cajon Valley Union School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 19 | 26063 | 03/01/95 |
| 1078E | San Jacinto Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 19 | 26036 | 12/22/94 |
| 1077H | University of California (University of California-American Federation of Teachers) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo In determining whether employer action repudiates contract, the rules of contract interpretation are used. These include consideration of extrinsic evidence when the contract language is ambiguous. The evidence may be received only to establish a meaning to which the language of the contract is reasonably susceptible; p. 29, proposed dec. more or view all topics or full text. | 19 | 26035 | 12/16/94 |
| 1072H | Regents of the University of California (University of California-American Federation of Teachers) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo No violation where employer's decision to contract out educational services was consistent with past practice. more or view all topics or full text. | 19 | 26030 | 12/07/94 |
| 1056S | State of California (Cstate Employees Association, Service Employees International Union Local 1000) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo The state did not commit an unlawful unilateral change when it acted in compliance with the provisions of the expired CBA in changing class size; p. 7. more or view all topics or full text. | 18 | 25129 | 09/14/94 |
| 1050E | Poway Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 18 | 25100 | 06/13/94 |
| 0883E | Lodi Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 15 | 22095 | 05/30/91 |
| 0860E | Los Angeles Unified School District (United Teachers Los Angeles) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 15 | 22015 | 12/19/90 |
| 0855E | Yuba Community College District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 15 | 22008 | 12/14/90 |
| 0789E | Beverly Hills Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Contracting out of former duties of laid off unit member not consistent with past practice since it constituted a change in the "quantity and kind" of subcontracting; pp. 15-17. Evidence of some contracting out in a different educational program not sufficient to demonstrate general policy of allowing employer to contract out; pp. 16-17, fn. 7. more or view all topics or full text. | 14 | 21042 | 01/19/90 |
| 0756H | California State University (California State Employees Association) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Past practice supported CSU's claim that increase in parking fees did not constitute unlawful unilateral change. more or view all topics or full text. | 13 | 20179 | 08/31/89 |
| 0666E | Lake Elsinore School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employer conduct did not change parties' established practice. more or view all topics or full text. | 12 | 19077 | 05/23/88 |
| 0632E | Riverside Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Even if contract breach in alleged failure to hold grievance meeting, no evidence of generalized effect or continuing impact; failure to hold level 1 grievance meeting w/o more, does not establish continuing impact or generalized effect; failure to provide evidence that employer deviated from policy established by contract. more or view all topics or full text. | 11 | 18152 | 08/26/87 |
| 0629E | Trinidad Union Elementary School District/Peninsula Union School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Change in identity of dental insurance carrier itself, without change in benefits, is not an unlawful unilateral change. more or view all topics or full text. | 11 | 18131 | 07/08/87 |
| 0582E | Oak Grove School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Board rejected past practice as defense to unilateral change charge because prior practice on ad hoc basis and not district wide. more or view all topics or full text. | 10 | 17134 | 06/30/86 |
| 0563E | Lake Elsinore School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Past practice is not appropriate defense where existing contract specifically addresses issue. more or view all topics or full text. | 10 | 17062 | 02/24/86 |
| 0554E | Morgan Hill Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Evidence limited to very actions in dispute does not establish a past practice. more or view all topics or full text. | 10 | 17032 | 12/27/85 |
| 0541E | Modesto City Schools and High School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 10 | 17010 | 12/12/85 |
| 0484S | State of California (Department of Developmental Services) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Hiring of nonunit employees consistent with past practice. more or view all topics or full text. | 9 | 16073 | 01/24/85 |
| 0487E | Victor Valley Union High School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 9 | 16085 | 02/15/85 |
| 0460E | Monrovia Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employer that enforced discipline less than dismissal made no change when acting under contract clause granting it power to "determine, implement . . . change, [and] modify" discipline. more or view all topics or full text. | 9 | 16028 | 12/13/84 |
| 0423S | State of California (Department of Developmental Services) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employer requirement that employee obtain medical release before return to work not alleged to be departure from past practice. R.A. dismissal upheld. more or view all topics or full text. | 8 | 15204 | 10/24/84 |
| 0356H | Regents of the University of California (Statewide University Police Association) 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employers past practice of setting parking fees so unfettered as to render it completely within its discretion, thereby denying employee organization knowledge what practice is, does not constitute defense of past practice to unilateral establishment of such fee. more or view all topics or full text. | 7 | 14288 | 11/14/83 |
| 0347E | Modesto City Schools 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employer's evaluation of teachers in successive years is consistent with past practice. more or view all topics or full text. | 7 | 14259 | 09/27/83 |
| 0343E | South San Francisco Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Employer's refusal to bargain effects of layoff proposal offered by exclusive representative not unlawful where contract provision incorporates personnel rules on layoff. more or view all topics or full text. | 7 | 14243 | 09/02/83 |
| 0262E | Placer Hills Union School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Violation based upon an employer's unilateral change of policy will not be established where it is demonstrated that the change was consistent with past practice. more or view all topics or full text. | 7 | 14012 | 11/30/82 |
| 0255E | San Bernardino City Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Status quo against which an employer's conduct is evaluated must take into account the regular and consistent past conditions of employment; change consistent with past practices are lawful; p. 12. more or view all topics or full text. | 6 | 13249 | 10/29/82 |
| 0146E | San Francisco Community College District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo Stipends for serving as department chair may not be removed unilaterally once they become a regular and expected part of employee compensation. Employer's claim that employees no longer perform additional duties by serving as department chairs is negotiating argument. more or view all topics or full text. | 4 | 11199 | 11/25/80 |
| 0051E | Pajaro Valley Unified School District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo 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. | 2 | 2107 | 05/22/78 |
| 1345E | Los Angeles Community College District 608.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Past Practice; Maintenance of Status Quo The unexplained movement of individual employees from one work year schedule (D-basis) to another does not rebut the admitted practice that counselors worked D-basis before the unilateral change; p. 18, proposed dec. more or view all topics or full text. | 23 | 30166 | 09/02/99 |