Decision 0407E – Los Angeles Unified School District

LA-CE-1735

Decision Date: September 14, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15166

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.10000 – Parole Evidence/Bargaining History

Evidence of bargaining history is relevant where employer unilaterally adopted new practice for distribution of overtime work and applicable contract language is ambiguous.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Prima facie allegation of unilateral change is stated where employer unilaterally instituted new practice for distributing overtime work and relevant contract provision is ambiguous. Evidentiary record necessary to determine intent, and where act is consistent with contract language.