EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Single Topic for Decision 0409E

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Exclusive representative ceded to employer the right to reduce lunch period by agreeing to contract provision that teachers were entitled to reduce lunch period by agreeing to contract provision that teachers were entitled to "one duty-free lunch break of at least 30 minutes each day." By this language, the exclusive representative granted employer the right to enforce a 30-minute lunch period if it so chose. It is of no significance that employer did not put reduction into effect for 18 months. Relies on Marysville JtUSD, PERB Dec. No. 314.