Decision 0314E – Marysville Joint Unified School District * * * OVERRULED IN PART by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that Marysville involved a contractual waiver defense to a unilateral change allegation, and that, contrary to suggestions in post-Marysville decisions, such a contractual waiver does not survive expiration of the collective bargaining agreement. * * *

As clear and unambiguous language of collective bargaining agreement guaranteed employees a duty-free lunch period of no less than 30 minutes each day, District's decision to reduce lunch period to no more than 30 minutes was consistent with the contractual provision; p. 9.

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that Marysville involved a contractual waiver defense to a unilateral change allegation, and that, contrary to suggestions in post-Marysville decisions, such a contractual waiver does not survive expiration of the collective bargaining agreement. * * *

As clear and unambiguous language of collective bargaining agreement guaranteed employees a duty-free lunch period of no less than 30 minutes each day, District's decision to reduce lunch period to no more than 30 minutes was consistent with the contractual provision; p. 9.

* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Absent any evidence of bargaining history, Board cannot infer that parties intended to attach a meaning to the hours provision of their agreement contrary to its plain meaning; p. 10.