EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change in Past Practice
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602.06000 – 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.