Can an employer unilaterally change its terms and conditions of employment?

An employer violates its duty to bargain when it implements unilateral changes in the terms and conditions of employment. ( NLRB v. Katz (1962) 369 U.S. 736, 743, 82 S.Ct. 1107, 8 L.Ed.2d 230.) "[W]hen, as here, the parties are engaged in negotiations, an employer's obligation to refrain from unilateral changes extends beyond the mere duty to give notice and an opportunity to bargain; it encompasses a duty to refrain from implementation at all, unless and until an overall impasse has been reached on bargaining

[265 Cal.Rptr.3d 800]

for the agreement as a whole." (

[52 Cal.App.5th 191]