Decision 0262E – Placer Hills Union School District

S-CE-384

Decision Date: November 30, 1982

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14012

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Prima facie violation of EERA section 3543.5(c) occurs when sufficient facts are alleged to show: (1) that the District breached the parties written agreement or established past practice; (2) the breach amounted to a change of policy; and (3) the change of policy concerned matters within the scope of representation; p. 3.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – 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.